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(영문) 대전지방법원논산지원 2015.10.01 2015가단2600
임대료
Text

1. The Defendant shall pay KRW 20,647,00 to the Plaintiff at the rate of KRW 20% per annum from June 30, 2015 to the date of complete payment.

Reasons

Basic Facts

A. The Plaintiff is a company that runs the business of leasing snow materials for construction, and the Defendant is a construction company.

B. On February 2, 2015, the Plaintiff entered into a provisional housing rental agreement with the Defendant, and supplied the new construction materials at the site of a new urban housing construction site located in the city-type public hearing in the city-type city in Seosan-si, Seosan-si, which the Defendant performed.

C. The Defendant suspended construction work on April 15, 2015 on the ground that the construction work was not paid due to the failure to pay the construction cost, etc., by using the building temporary materials leased from the Plaintiff. On May 2015, the Defendant not only failed to fully pay the rent under the said lease to the Plaintiff, but also failed to fully return the leased building temporary materials.

On May 29, 2015, the Defendant, at the Plaintiff’s request, prepared and issued to the Plaintiff a letter of commitment with the following content:

(hereinafter “instant letter of undertaking”). 1. Payment of rent and loss, and return of remaining materials

(a) Total amount of rent and loss incurred: 20,647,000 won (including value-added tax);

(b) Amount paid after agreement: 17,600,000 won (including surtax);

(c) Payment of rents and charges for loss: 7,600,000 won paid by June 10, 2015 until July 10, 2015;

(d) Conditions for the return of remaining materials: - Oil pumps (6012:15EA, 3012:6EA) from among the remaining materials that are not returned until May 30, 2015 - Pots (U.S., V2, V4) - Pots (U.S., V2, V4)

2. The above undertaking shall be deemed to have been undertaking by the Plaintiff as a condition for the reservation of legal measures and shall be liable for civil and criminal liability if it fails to comply with the obligation, and shall also be void

E. However, the Defendant did not fully pay the Plaintiff KRW 17,600,000, which is the agreed amount on the instant letter of undertaking.

[Grounds for recognition] The facts that there is no dispute, each entry of Gap evidence 1 through 10 (including branch numbers if there is a serial number) and the ground for a claim for judgment as to the purport of the whole pleadings, the above fact of recognition as to the ground for a claim as to the whole of the pleadings, and the total amount of the rent and the cost of the cost of the non-refluent construction and the cost of the non-refluent construction, which the defendant should pay to the plaintiff,

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