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(영문) 서울중앙지방법원 2018.11.28 2017가단5162636

사용료

Text

1. Defendants C and D shall jointly and severally serve as KRW 90,000,000 on the Plaintiff and as a result, from January 30, 2017 to November 28, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant B”) entered into a contract with E and F on June 24, 2016, and from the date of concluding the contract to November 23, 2016, to sell building stones (cirrh blasting seats) emitted from construction by-products from G land, etc. (H development site) in the Sinyeong-si from the date of signing the contract.

B. Around June 2016, Defendant D limited liability company (hereinafter “Defendant D”) entered into a lease agreement with the Plaintiff, and agreed to pay monthly rent of KRW 10,000,000/equipment on a monthly basis, and if the lease period exceeds one month, it shall pay monthly rent by the due date set as short as possible within 60 days from the end of each month.

C. From July 1, 2016, the Plaintiff, according to the Defendant D’s instruction, injected two refratators at the same construction site and performed stone collection work.

Defendant B rescinded the above building stones sales contract with E and F around August 2016.

E. On August 2, 2016, the Plaintiff drafted a letter to Defendant B stating that “I will not claim all expenses incurred in using equipment under the building stones sales contract between Defendant B and E, and Defendant B, other than E and F.”

However, the plaintiff continued to collect stone even after that.

F. On September 1, 2016, Defendant B entered into an agreement with Defendant I and J (hereinafter “J”) on technical support for stone gathering works, and Defendant C bears all the duty to manage equipment and pay equipment, etc. from the date of the agreement to November 30, 2016, and Defendant C is jointly and severally liable if Defendant C is unable to perform his/her duty, and in this regard, Defendant B entered into an agreement to the effect that he/she shall not be held liable for any civil or criminal responsibility to J (hereinafter “instant agreement”). On the other hand, Defendant C entered into an additional contract for stone collection of the said construction site by setting the contract period from the date of the agreement to November 30, 2016.

G. Defendant D, at the request of Defendant C, has the Plaintiff from September 1, 2016 to November 2016.