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(영문) 수원지방법원안양지원 2016.01.28 2015가단3813

건설장비임대료 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. After the Defendant was awarded a contract from Gwangju Metropolitan City to install facilities for reducing non-point pollution in the remote river basin, the Defendant awarded a subcontract for a reinforced concrete construction work among the above construction work with the amount of construction cost of KRW 6,045,798,000 (hereinafter “Suin Construction”).

(hereinafter “instant construction project”). (b)

On February 18, 2013, the Plaintiff concluded a rental agreement with Green Construction, and installed a workshop at the instant construction site.

C. At the request of Seore Construction, the Defendant paid the Plaintiff KRW 2 million on March 6, 2014, KRW 7150,000,000,000,000,000 each, on March 6, 2014, KRW 7150,000 on March 24, 2014, and KRW 77,00 on June 12, 2014. The Seore Construction failed to pay KRW 38,70,00,00,000,000 to the Plaintiff out of the other workshop rent incurred until June 2014

Around July 2014, the construction project of this case was terminated and settled at KRW 5,359,739,00,000 upon the completion of the construction project of this case, and the Plaintiff demanded the settlement of rents to the Defendant and the Defendant, while the Plaintiff requested the settlement of rents, removed the other workshop at the site of the instant construction project after the instant lawsuit was filed.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 6 evidence, Eul's 6 and 7 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion: (a) in light of the fact that the Defendant directly paid the rent to the Plaintiff and agreed on the payment of the unpaid rent in connection with the removal of the other workshop, it shall be deemed that there was an agreement between the Plaintiff and the Defendant on the direct payment of the rent for the other workshop; and (b) even if there was no agreement on the payment of the rent, the Plaintiff requested the Defendant to pay the direct payment under the Framework Act on the Construction Industry on July 9, 2014 at least two occasions, so the Defendant is obligated to pay the Plaintiff the rent of KRW 38,70,000,000, which is the other

B. Judgment 1 Plaintiffs, Defendant, and Defendant.