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(영문) 의정부지방법원 2016.09.30 2016가단101723

사용료

Text

1. The Defendant’s 54,791,060 won and above amount to the Plaintiff:

A. From August 18, 2015 to June 8, 2016, KRW 43,357,590

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 4 (except for the part in the defendant's name), Gap evidence Nos. 12, 13, and Eul evidence Nos. 1 and 2, with a whole purport of the pleadings. A.

The plaintiff is engaged in the business of leasing construction materials such as water pumps, etc. in the trade name of "B".

B. On January 2015, the Defendant entered into a construction contract with D who operates C, setting the construction cost of the reinforced concrete construction work (hereinafter “instant construction work”) as KRW 135 million among the new construction works on the land E-based land in the Macheon-si of the Defendant’s construction work, and entered into a subcontract with D.

C. (1) On March 4, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant and D, under which the Plaintiff leased construction materials necessary for the instant construction, such as water pumps, ropsp, rectangular pipes, pipes, tubes, etc. The instant lease agreement has a rubber seal affixed to the Defendant’s rubber, and the Defendant’s seal is affixed to the rubber next.

On the other hand, D affixed a seal on the instant lease agreement.

(2) The period of use in the instant building lease agreement is from March 5, 2014 to 60 days, and the basic rent for 30 days is paid in advance.

D around May 17, 2015, up to May 17, 2015, renounced the instant construction and completed the instant construction site.

E. On May 28, 2015, D drafted a letter stating that from the commencement of the instant construction project to May 31, 2015, D is responsible for labor cost, equipment cost, material cost, steel material cost, food expenses, etc. incurred at the instant construction site.

G. From the time of the abandonment of the instant construction work, the Defendant requested the Plaintiff to introduce temporary materials directly into the F construction site, which is not the instant construction site and the instant construction site, not the new construction site.

2. The assertion and judgment

A. The petition of this case is authentic.