임대자재 반환 및 임대료 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the statements set forth in Gap evidence Nos. 1, 6, 8, 12, and 13, and Eul evidence Nos. 1-1, 2, and 8, and the testimony set forth in A and B as a whole.
On April 25, 2013, the Defendant contracted the construction of reinforced concrete (hereinafter “instant construction”) among the construction of an officetel of the 1320 ground temperature ridge, Seo-gu, Daejeon-gu, Seo-gu, Seo-gu, Daejeon (hereinafter “Nonindicted Company”) to KRW 1,320,000 (including value-added tax).
B. On April 26, 2013, the Plaintiff entered into a contract with the Nonparty Company to lease temporary materials in construction.
The damages for delay on the amount of damages under Article 17 (1) of the above contract was set at 30% per annum.
C. C, upon introduction by the Plaintiff, installed temporary materials leased by the Plaintiff at the construction site of this case around May 2013.
On July 31, 2013, Nonparty Company suspended the instant construction work.
E. C asserted that there was a claim equivalent to KRW 11,596,32 for personnel expenses of the non-party company, and transferred the said claim to the Plaintiff on July 7, 2014.
2. The parties' assertion
A. When the Plaintiff’s assertion discontinued the construction of this case, the non-party company agreed to perform its lessee’s duty by, for instance, having the Defendant pay the unpaid rent for the existing temporary materials, and the Defendant acquired labor expenses for the non-party company Co., Ltd., and the above claim was also accepted by the Defendant. Accordingly, the Defendant is obligated to return each item listed in the separate sheet, which is the temporary materials leased to the Plaintiff, to the Plaintiff, and to pay for the total labor cost of KRW 48,613,191 (i.e., labor cost of KRW 11,596,332, labor cost of KRW 37,016,859) and damages for delay calculated at a rate of 30% per annum from the date following the delivery of a copy of the claim and the application for change of the cause of the claim, to the date of complete
B. The defendant's assertion is that the plaintiff and the building installed.