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(영문) 울산지방법원 2015.11.13 2015가단2248

중기임대료

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 30, 2014, the Defendant was awarded a contract with “B high school practice Dong” from Ulsan Metropolitan City Office of Education (competent Ulsan Metropolitan City Office of Education) to the period from May 7, 2014 to January 31, 2015, by determining the construction cost, the construction cost of KRW 3,627,835,580, and the construction period of KRW 7, 2014.

B. On July 1, 2014, the Defendant awarded a subcontract for reinforced concrete construction among the above extended construction works (hereinafter “the instant construction works”), the construction cost of which was KRW 722,93 million, and the construction period from July 3, 2014 to November 30, 2014.

C. The Plaintiff, while running a mid-term rental business with the trade name of “C”, had MK-110 tons input and work at the present construction site from August 28, 2014 to November 4, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4 evidence, Eul 1, 2 evidence, witness D, E, F, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) Plaintiff’s assertion (A) leased the instant mid-term equipment to the instant construction site upon the Defendant’s request, and even during the period from October 1 to November 4, 2014, the Plaintiff leased the instant mid-term equipment at the Defendant’s request.

(B) On or after September 2014, the Defendant agreed to pay the instant mid-term usage fee to the site of the instant construction project, and the Plaintiff leased the instant mid-term equipment to the site of the instant construction project from October 1, 2014 to November 4, 2014 in accordance with the said agreement.

(C) The Defendant is obligated to pay the Plaintiff the royalty of KRW 70 million during the instant mid-term period leased from October 1, 2014 to November 4, 2014, and delay damages.

(2) The Defendant asserted that the instant construction was subcontracted to the non-party company, and did not request the Plaintiff to rent the middle term at the construction site of the instant case, and that the Defendant would pay the mid-term rental fee around September 2014.