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(영문) 대구고등법원 2016.11.17 2016나456

가설자재임대료

Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s related Plaintiff supplied and leased construction materials to the construction site that the Defendant performed in the wholesale and retail business of construction materials with the trade name “C,” according to the construction materials lease agreement concluded with E as follows.

B. On December 26, 2013, the Defendant’s integrated construction of Hanjin-si Co., Ltd., Ltd., Co., Ltd., Ltd. (1) with respect to the construction of Gojin-si Corporation (hereinafter “Seoyeong-si Construction”) from the Seodaemun-si (General and First) (hereinafter “Seoyeong-si Construction”).

A) A contract for construction cost of KRW 794,093,00 for construction cost was awarded to the Defendant at that time, and thereafter, the Defendant awarded a subcontract for reinforced concrete construction among door-to-door construction works. (2) After which, on March 31, 2014, the Defendant re-subcontracted to G (the title holder of a business registration is F, but the actual operator is F, who is the husband of F, and hereinafter “E”) for the whole construction cost of reinforced concrete construction, including materials and labor, at KRW 312,00,000 (excluding value-added tax).

C. On November 1, 2013, the construction company following the Defendant’s sewage supply, etc. to the Sung-gun Corporation (hereinafter “H development corporation”) is a “general construction company” from Sung-gun on November 1, 2013.

A) A contract for construction cost of KRW 2.3 billion was awarded to the Defendant at that time, and thereafter, the Defendant subcontracted to the Defendant regarding reinforced concrete construction during the period of plastic construction. 2) On March 31, 2014, the Defendant re-subcontracted the construction cost of all reinforced concrete construction, including materials and labor, to E at KRW 910 million (excluding value-added tax).

(1) On May 31, 2014, the Plaintiff leased the Plaintiff’s construction materials, etc. (i) between E and E, and the Plaintiff’s total construction work, including each of the above construction work, shall be deemed to be “each of the instant construction work.”

(2) According to the contract, the Plaintiff supplied and leased construction materials from June 2014 to February 2015 at each construction site of this case, including water pumps, pipes, and joint plates.

(e).