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(영문) 의정부지방법원 2019.07.24 2017가합1919

자재임대료 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff and the Defendant supplied the building cost snow material (hereinafter “instant building site”) pursuant to each of the above lease agreements, but the Defendant did not pay a total of KRW 84,977,740 (including value-added tax) out of the agreed rent, when the Plaintiff and the Defendant supplied the building cost snow material (hereinafter “instant building site”) pursuant to each of the above lease agreements, in common referred to as “each of the instant construction sites”. In relation to this, each of the construction sites of KRW 269,00,000 (value-added tax separate).

3) In the process of leasing the construction of this case, part of the building of this case was destroyed, and the Defendant is liable for the loss, and thus, the Plaintiff is liable for paying KRW 218,559,301 to the Plaintiff. (b) Defendant 1) and the Defendant leased the building of this case to C (mutual name was changed to D and E, and hereinafter “C”) in the name of the Defendant, etc., and distributed profits (Plaintiff 80%, Defendant 20%, and the Defendant did not hold office for C, etc. after the lease of the building of this case from the Plaintiff.

The lease contract with C, etc. was directly concluded by F, an agent of the plaintiff, and in particular, the contract related to the new site of G detached Housing was not involved by the plaintiff.

2) The Defendant leased the instant temporary materials to the Plaintiff, etc. pursuant to the said business agreement, and thus, there is no liability for paying rent and liability for damages for the destroyed construction temporary materials to the Plaintiff. 3) Even if the lease relationship between the Plaintiff and the Defendant is acknowledged, even if the relationship between the Plaintiff and the Defendant is acknowledged, the Plaintiff was in exclusive charge of F, and the Plaintiff notified the Defendant of the destruction of the building temporary materials.