중기대여료
1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:
1. Basic facts
A. On July 16, 2018, Defendant B ordered D Co., Ltd. to perform the instant construction work on the land (owned by Defendant B) of the Gu-U.S. Si (hereinafter “instant construction”). Defendant C is a person who, as Defendant B and the married couple, performed the instant construction work on behalf of Defendant B on behalf of Defendant B.
B. The Plaintiff as a mid-term rental business operator, and from January 4, 2019 to January 15, 2019, leased a mid-term period to D for the instant construction work, and the total amount of the mid-term rent is KRW 8.2 million.
C. On January 8, 2019, Defendant C visited the Plaintiff’s office and drafted a written consent for direct payment of equipment costs (hereinafter “instant written consent”) with the following content.
Agreement of Direct Payment of Equipment Costs
1. The name of the construction work: The Fent works at the time of the Gu and the Si;
2. The name of subcontracted construction works: Civil engineering reinforcement works;
3. Subcontractors: G (Plaintiff);
4. Construction cost: Cost of equipment until the construction is completed;
5. The subcontract contract date: On January 4, 2019, the subcontract period: From January 4, 2019 to January 19, 2019, the former Si, Si, F, which is scheduled to complete by the E company from January 4, 2019 to January 19, 2019, agrees to pay the subcontract equipment cost to G directly to the Plaintiff of the subcontractor at the original office in relation to the said civil works being performed by the E company under a contract.
(Provided, the Plaintiff (contractor) on January 4, 2019 (the land owner) Defendant C (contractor) on January 4, 2019 (the land owner)
D. Around January 30, 2019, D drafted a letter of waiver of construction that the instant construction is waived.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, 4, and 8 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary and key issues of the parties
A. The Plaintiff’s written consent of the non-performance of the instant construction is due to the indefinite time limit and thus Defendant B, the client of the instant construction and the landowner.