임대료 청구의 소
The plaintiff's appeal is dismissed.
In accordance with the conjunctive claim added by the plaintiff in this court, the defendant 22.
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of leasing and selling temporary materials of a building, and the Defendant is a company that runs the business of building reinforced concrete.
B. On April 2015, C Co., Ltd. (hereinafter referred to as “C”) entered into a subcontract for reinforced concrete construction works (hereinafter “instant construction works”) among urban-type residential housing construction projects located in Heung-gu, Seo-gu, Seo-gu, Seoul (hereinafter referred to as “D”) from a limited partnership D (hereinafter referred to as “D”) during the construction period from April 6, 2015 to September 20, 2016.
C. On May 7, 2015, C leased temporary materials from the Plaintiff and used them at the instant construction site (hereinafter “instant lease agreement”), but around that time, the instant construction was severed due to the aggravation of financial standing, and the instant construction was terminated between D and D on August 14, 2015.
D performed construction directly after the above agreement, and subcontracted to the Defendant on September 10, 2015, the remainder of the construction during the instant construction period from September 10, 2015 to September 20, 2016.
The instant corporation was completed on January 18, 2017.
E. Meanwhile, from May 7, 2015, the Plaintiff supplied necessary temporary materials to the construction site of this case.
F. The Defendant paid the Plaintiff KRW 23,069,402 as temporary materials usage fees, and KRW 25,619,609 as of October 2015.
[Ground of recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, and 4-1, 2, 3, 4, 5, and 6-1, 3, 4, 5, and 6-6 (including those with serial numbers; hereinafter the same shall apply), the fact inquiry results with respect to D corporation of the court of first instance, and the purport of the whole pleadings
2. On September 2015, the Plaintiff entered into a temporary re-lease agreement with the Defendant with the same content as the instant lease agreement, and from September 3, 2015 to January 7, 2016, supplied the Defendant with the necessary temporary materials for the instant construction and incurred a claim for the temporary re-lease fee of KRW 141,414,01 in total.