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(영문) 인천지방법원 2018.09.13 2017가단16005
건축자재임차대금
Text

1. The Defendant’s KRW 142,200,000 for the Plaintiff and 5% per annum from December 29, 2017 to September 13, 2018.

Reasons

1. The parties' assertion

A. Plaintiff 1) C leased construction materials from the Plaintiff, and the Defendant is the contractor of C. The Defendant agreed or guaranteed that the Defendant would pay C rent directly by preparing a written agreement and a written statement of payment on behalf of the Defendant. 2) The Defendant did not have the right of representation against D.

Even in case of expression manager or expression representative (Article 126 of the Civil Act), the defendant is responsible for it in accordance with the legal principles.

3 If D prepares a written agreement and a written statement of payment without the delegation of authority from the Defendant, the Defendant committed a tort by deceiving the Plaintiff, and the Defendant is liable for damages as the employer of D.

B. The defendant did not express his/her intent to guarantee the plaintiff, and the site director does not have the authority to guarantee the debt or to accept the debt at the defendant's expense.

D signed a letter of payment as an intermediary confirmation for the smooth progress of construction work between the parties to the lease of building materials.

2. Facts of recognition;

A. On June 21, 2016, the Defendant awarded a contract for 1,608,200,000 won (including value-added tax) of the Ctel construction among Gtel construction works ordered by FF to C (E) on June 21, 2016.

B. On July 22, 2016, the Plaintiff (H) leased building materials, such as cryp, temporary materials, and rains, related to the foregoing aggregate construction to C, with the amount of KRW 242,60,000 (excluding value-added tax) and the period from July 17, 2016 to April 30, 2017.

(Payment at the site of the first down payment of KRW 50 million; payment after the second intermediate payment of KRW 85 million; payment after the removal of concrete on the third floor above the ground; payment after the removal of concrete on the third floor above the second intermediate payment of KRW 60 million; payment after the removal of concrete on the 7th floor above the ground of KRW 24 million; payment after the removal of concrete on the 4th intermediate payment of KRW 24 million; payment after the removal of concrete on the 5th remaining 23.6 million; and payment within 30 days after the removal of concrete on the 9th floor above the second intermediate payment of KRW 85 million.

C On August 19, 2016, partially paid 10 million won, among down payment, to the Plaintiff on December 19, 2016, and the rent is not paid any longer.

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