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(영문) 의정부지방법원 2020.02.19 2018가단119773

대금청구

Text

1. The Defendant’s KRW 23,970,466 as well as the Plaintiff’s KRW 15% per annum from July 7, 2018 to May 31, 2019.

Reasons

1. On or around April 2017, the Plaintiff entered into a lease agreement with the Defendant for temporary materials and leased them by smelling the temporary materials at the Defendant’s construction site. As such, the Plaintiff seeks payment of the material rent from April 2017 to April 2018 to the Defendant.

In this regard, the defendant asserts to the effect that not only did they conclude a lease agreement with the plaintiff but also did not consult on the terms and conditions of lease materials at all, and that the plaintiff's claim cannot be complied with.

2. Determination

A. According to the following: (a) whether to enter into a lease contract for temporary materials; (b) the description and image of evidence Nos. 4 and 8; (c) the witness C and D’s testimony; and (d) the purport of the entire pleadings, the Defendant was awarded a subcontract from E Co., Ltd. for construction of F-G Railroad Construction Section No. 12; (b) the Defendant requested the Plaintiff, through the site manager, who conducts the temporary materials lease at the construction site located in G-G Construction site located in G-G Construction Group I, U.S., U.S., the Plaintiff to lease the temporary materials at the construction site; and (c) accordingly, the Plaintiff sent the temporary materials such as fry and oil pumps, etc. at the construction site around April 2017; and (d) the Defendant recognized the use of the above temporary materials, etc. received from the Plaintiff at the construction site; and

B. Circumstances recognized in accordance with the overall purport of the statement and arguments in the statement and evidence Nos. 3, 9 through 20, and No. 1-4 of the evidence No. 1, i.e., the Plaintiff: (a) after sending the temporary materials to the construction site of the said railroad; (b) from April 28, 2017 to December 28, 2017, the Plaintiff demanded the D, J, and the former site manager, etc. in charge of the field management of the accounting affairs, etc. as the employees belonging to the Defendant, to submit a monthly rent for the materials; and (c) from July 2017 to December 2017, the Plaintiff issued a tax invoice for the materials rent to the said D, etc. each month from the end of December 2017 to the end of December. 2017.