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(영문) 서울중앙지방법원 2016.07.06 2015가단104341

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 4, 2013, the Plaintiff entered into a lease material contract with the content that materials are leased to the Seoul metropolitan high-speed rail (water-packet) construction section (hereinafter “KK”) constructed by Nonparty Kaco Co., Ltd. (hereinafter “KK”), and supplied materials from September 10, 2013.

B. On November 5, 2013, the Plaintiff entered into a lease agreement with the Defendant, who is the principal contractor of the above Seoul Metropolitan Area High-Speed 1 Construction Site, to lease materials directly. The main content of the lease agreement is as follows.

(hereinafter referred to as the “instant contract”. The lease amount: 123,750,00 won for the rent period: 12 months for the increase or decrease of the volume by the alteration of the plan: the amount to be added to the other factors other than the design drawing submitted by the Plaintiff as the basis of the contract shall be supplied in a separate estimate based on the established unit price.

The Plaintiff is entitled to ownership of the main material of ∑. The Defendant shall examine it immediately after receipt of the material and notify the Plaintiff of the defective quality, shortage in quantity, and other defects within three days from the date of receipt, and the Plaintiff shall take measures immediately after confirmation.

The Defendant shall ensure that materials are not destroyed, damaged, stolen, etc., and when the Plaintiff’s materials cannot be restored to its original state due to the foregoing reasons, the Defendant shall pay the loss cost to the Plaintiff in the manner prescribed in Article 7 of the Materials List Standard attached to the Plaintiff.

Goods in an unrepaid condition shall be paid to the Plaintiff on the basis of (sale-Lease) x1.2, and the unrepaid materials shall be discarded, but the amount of scrap metal at the time of disposal corresponding to the weight shall be included in the above-mentioned standard amount, and the salable materials shall be repaired and claimed in the judgment of the Plaintiff.

In the event of the termination of the rent, the defendant shall return it to the place designated by the plaintiff.

It shall be notified to the plaintiff before the minimum date of return to confirm whether it is possible to put it out and prepare a certificate of release.

(b) the rental materials are returned.