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(영문) 대법원 2016.08.18 2016다206581

사용료

Text

Of the part of the judgment below against the plaintiff, the part of the return of building temporary materials shall be reversed, and this part of the case shall be applied.

Reasons

1. The plaintiff's grounds of incidental appeal are examined. A.

According to the reasoning of the lower judgment as to the claim for the rent for construction temporary materials, the lower court rejected the Defendant’s assertion on the portion of the claim, on the ground that there is no evidence to acknowledge that the Defendant leased the leased portion only for the construction temporary materials for which G, an employee of the Defendant, had confirmed acquisition.

However, according to the records, the plaintiff asserted that, in addition to the plaintiff's assertion that the defendant directly leased the plaintiff at the court below, the construction temporary materials brought into the site after the plaintiff's examination as the defendant's trade employee D are also leased by the defendant, or that, unless the defendant did not raise any objection, it should be deemed that the plaintiff's act of bilateral representation was permitted. However, the court below's failure to make an explicit determination

However, according to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the Plaintiff and the Defendant concluded a lease agreement on construction temporary materials, and agreed to recognize the volume by mutually confirmed documents, such as invoice and receipt certificate. However, if there are circumstances, it is reasonable to deem that the Defendant did not grant the Plaintiff the authority to verify the volume of the leased goods or the authority to represent the Plaintiff, and thus, the Plaintiff leased the building temporary materials as the Defendant’s trade employee.

The argument that the building is leased with the permission of both agencies should be rejected.

Therefore, the judgment below did not err by omitting judgment as otherwise alleged in the ground of appeal.

This part of the grounds of appeal cannot be accepted.

B. According to the reasoning of the lower judgment regarding the claim for the return of construction temporary materials, the lower court requested the Defendant to return the building temporary materials leased by the Plaintiff.