(영문) 대법원 2015.04.23 2014다88208 | 리걸엔진

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(영문) 대법원 2015.04.23 2014다88208

가설재사용료등

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The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

Based on adopted evidence, the lower court determined, based on the premise that the date of release of underground floors of the main office of temporary materials under the instant lease agreement, which the Plaintiff agreed to lease temporary materials to the Defendant in connection with the relocation work of the 35 company group, was June 29, 201; the date of return was April 10, 2012; the date of delivery of the main office’s connecting passage; the date of return was January 6, 2012; the date of delivery was April 10, 2012; the date of delivery of the underground parking lot section of the main office was November 26, 201; the date of return was March 2, 2012; the date of delivery of the cooking section was October 17, 2011; the date of delivery of the cooking section was the date of return; the date of return was the date of return; the date of return was more than 30 days from the date of return; the date of return of the main office was the date of return; the date of return was 10 days; 10 days.

However, on the grounds of the judgment below, the court below determined that the lease contract of this case was concluded on the basis of the quantity of construction for each construction section, not the quantity of materials, and that the lease contract of this case was concluded on the basis of the quantity of construction for each construction section, and the period of lease should be calculated by including the period fixed at the site for the diversion of the temporary materials for other sections, and thus, the lease contract of this case was determined to the effect that the period of

Nevertheless, in light of the records, the court below, without examining whether the temporary materials used in a section are diverted to another section, recognized the date on which the temporary materials were finally entered into the plaintiff as the date of return of the temporary materials in that section and determined it as the last day of the term of lease.

Furthermore, the lower court determined on July 25, 201 and the date of return on November 1, 201.

유사 판례

-대법원 2015.4.23.선고 2014다88208 판결

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