가설재임대료 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. Basic facts
A. The Plaintiff is a company that operates a snow leasing business, and the Defendant (the former business operator C) is a company that manufactures and leases building materials.
B. On June 5, 2017, the Defendant entered into a lease agreement with D Co., Ltd. (hereinafter “D”) on the lease of oil pumps, steel pipes, etc. to D’s new hotel construction site (hereinafter “first construction site”).
(c)
On September 15, 2017, the Defendant entered into a system non-standard materials lease additional contract (hereinafter “the second contract”) with the effect that, in addition to the first contract, the Plaintiff’s non-manufactured products supplied by the Plaintiff after August 23, 2017, are leased until April 30, 2018, and the lessee D will pay rent claimed by the Defendant on behalf of the Plaintiff on the on-site date.
(d)
Since then, D conducted construction works at the construction site of the former F (hereinafter “the second construction site”) and the following G G (hereinafter “the third construction site”) in addition to the construction site of the first construction site.
E. From around December 2017 to March 2019, the Plaintiff leased the system vision equivalent to KRW 40,454,230 in the total amount of D’s construction site (including KRW 15,139,751 (including value added tax) as indicated in the column) as stated in the column. However, the Plaintiff was not paid the rental fee of KRW 15,139,751 (including value added tax) in total, as indicated in the column.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 19-21, and Eul evidence No. 3 (which include a number of numbers)
(hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. A. The summary of the Plaintiff’s assertion 1) The Plaintiff leased the snow at the construction site of No. 1-3 at the Defendant’s request by March 31, 2019. As such, the Defendant paid to the Plaintiff the total sum of the temporary rents payable to the Plaintiff and the delayed damages therefrom.