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(영문) 청주지방법원 2019.12.04 2018나8959

건설자재 임대료

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,408,00 as well as to the plaintiff on February 2, 2018.

Reasons

1. Summary of the parties' arguments

A. On September 9, 2016, the Plaintiff entered into a temporary re-lease agreement with the Defendant. While the Defendant leased the temporary materials under the said temporary re-lease agreement, the Defendant did not refund some materials from August 2016 as well as the delayed payment of the rent for the temporary facilities, and the damages incurred by the failure to refund the rent for the temporary facilities until September 2017.

hereinafter the same shall apply. The entry shall be as specified in the attached Form.

Therefore, the defendant is obligated to pay the above rent and loss loss to the plaintiff.

B. Although the Defendant leased temporary materials from the Plaintiff with respect to the construction site of the F Research Institute GJ Gdong (hereinafter “the First Site”) located in the Nriju-si, Cheongju-si (hereinafter “instant site”), the remainder of the temporary materials rent and the loss and loss loss expenses claimed by the Plaintiff are related to the L New Construction Site (hereinafter “instant Second Site”) located in Cheongju-si, Cheongju-si, and the Defendant introduced the Plaintiff to the Non-Party I, a contractor in the instant site, and did not lease the temporary materials from the Plaintiff in relation to the said site.

2. Determination on the cause of the claim

A. The Plaintiff and the Defendant concluded a construction materials lease agreement on September 9, 2016 (hereinafter “instant lease agreement”), and the Plaintiff supplied temporary materials on September 10, 2016 and September 12, 2016 according to the Defendant’s direction as follows. The Plaintiff supplied the instant site on September 10, 2016 and September 12, 2016, and the total rent for which is KRW 2,408,00 is without dispute between the parties or is recognized by the purport of the evidence Nos. 1, 3-2, and 6-3 and the entire pleadings.

The basic fee for the basic rental price for the rental unit in the quantity of a product name, Pipe 6M EA 200 on September 10, 2016 - 600 312,000 on October 31, 2016 - 312,000 120,000 4M 100 on September 10, 2016 - 20 400 404,000 404,000 40,000 on October 31, 2016 - 700 EA 54,000 on September 10, 2016 - 20 800 728,000 on October 31, 2016