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(영문) 수원지방법원여주지원 2017.09.27 2016가단9829

건설가설재임대료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 21, 2015, the Defendant entered into a contract on July 21, 2015, under which the management office of the starting point construction among the construction sections for the construction works between Daewoo Construction Co., Ltd. 60 and Yangyang under which it receives a subcontract for construction works, and entered into a contract on September 23, 2015 (hereinafter “instant construction”) to subcontract the construction cost of the said construction to the Pyeongtaek Construction Co., Ltd. (hereinafter “Seoul River Construction”) at KRW 816,200,000 (including value-added tax).

B. On September 1, 2015, the Plaintiff entered into a contract with Pyeongtaek River Construction to lease temporary materials at the instant construction site (hereinafter “instant lease contract”) with the person who is engaged in the business of leasing construction temporary materials in the name of “C,” and leased temporary materials at the instant construction site from around that time to October 2016.

C. On May 3, 2016, Pyeongtaek Construction: (a) drafted a written waiver of the instant subcontract to the Defendant, stating that “All civil and criminal responsibilities arising therefrom after the waiver of the instant construction work, and the payment of goods and personnel expenses, shall be responsible therefor; and (b) deliver it to the Defendant.”

After the Defendant’s abandonment of the instant construction work, the Defendant directly performed the instant construction work, and paid the Plaintiff all of the temporary rent incurred from May 2016 to October 20 of the same year.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and 6 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff entered into the instant lease agreement with the Defendant D, and since the lessee of the instant lease agreement is not the party but the Defendant. Thus, the Defendant entered into the instant lease agreement with the Plaintiff on April 30, 2016, the remainder of the rent accrued until April 30, 2016 under the instant lease agreement and KRW 4,60,124.