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Reasons
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(영문) 대구고등법원 2018.09.05 2017나23760
임대료 등
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1. The judgment of the court of first instance is modified as follows.

Defendant B Co., Ltd. is composed of KRW 310,968,139 and its importance.

Reasons

1. Basic facts

A. On May 10, 2014, Defendant C, a contractor for an E-project construction project ordered by D Co., Ltd., subcontracted to Defendant B the construction period from May 12, 2014 to June 28, 2016, with the construction cost of KRW 9 billion (including value-added tax). Defendant B, on the same day, re-subcontracted the construction of structures (building structures) during the contracted construction period (hereinafter “instant construction”) to the constructor F during the construction period from May 10, 2014 to June 28, 2016, by setting the construction cost of KRW 7.6 billion.

B. Since May 3, 2014, the Plaintiff, who is engaged in the instant construction work in the position of Defendant B’s Executive Director, started to supply the temporary materials to the instant construction site. On May 15, 2014, a contract was made between Defendant B and the Plaintiff on May 15, 2014 (hereinafter “instant lease contract,” and the following contract was “instant lease contract”). The lease contract for the temporary materials (change) was made.

1. Details of leased objects: Temporary materials for building;

3. Separate value-added tax;

4. Delivery Place: Article 1 (General Provisions) A (Plaintiff) of the H E Site in Daegu-gun H E Project Site shall lease temporary materials owned by A (hereinafter referred to as “leased materials”) to B (Defendant B) as the following conditions may be specified, and Eul shall pay rent for the lease from the leased materials:

Article 7 (Transfer and Return) (1) When A delivers leased articles to B, A shall issue a delivery certificate to B, and B shall issue a receipt to B.

(3) When returning leased items, Party A and B shall be present at the workplace of Party A and Party B shall examine the leased items.

However, if it is inevitable for B to attend due to the circumstances of B, the transporter of B shall be the agent of B and shall be examined together with A, and B shall be notified to B, and the conditions of B shall be recognized.

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