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(영문) 광주지방법원 2015.11.25 2014가단36899
사용료 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff leased each of the materials indicated in the attached Form to the Defendant’s new construction C (hereinafter “instant construction”) located in the Defendant’s New Construction C (hereinafter “instant construction”) through the site agent D, to the Defendant at KRW 1,70,000 per month, and the said construction was completed on February 2013, and the Plaintiff thereafter transferred KRW 30,600,000 out of the above rent bonds to E., and the Defendant shall pay the remainder of the money calculated by deducting the above amount of the transfer from the above rent for each of the said materials, and return each of the said materials to the Plaintiff.

B. Even if not, D appears to have arbitrarily disposed of each of the above materials around February 2013, and the Defendant, as a user of D, should compensate the Plaintiff for damages equivalent to KRW 26,231,00,00, which is the market price of each of the above materials.

2. According to the results of the fact-finding with regard to the new Gun, the fact that D had served as an on-site agent of the Defendant from November 17, 201 to February 13, 2013 can be acknowledged. However, considering the overall purport of the entries and arguments in subparagraphs 1, 2, and 3-1, 3-2, the following circumstances are revealed. ① The Defendant, among the instant construction, subcontracted the reinforced concrete construction to Gyeong Industrial Development Co., Ltd., and claimed that the said company completed the said construction. Each of the above materials constitutes a reinforced concrete construction, and the Defendant asserts that the said construction constitutes a reinforced concrete construction, and ② the Plaintiff asserted that D concluded the said lease contract on behalf of the Defendant, but the fact-verification certificate (Evidence 2), which appears to be related to the instant case, stated that D would deposit the rent in the capacity of the on-site agent, and that D does not have any signature, and ③ it is not clear whether D is an employee or employee of the Defendant’s authority to represent.

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