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(영문) 수원지방법원여주지원 2017.04.05 2016가단9140
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 21,252,062 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendant are both companies running the business of leasing snow materials for construction.

B. On May 22, 2015, the Plaintiff entered into a temporary re-lease agreement with the Oral Land Construction Co., Ltd. (hereinafter referred to as the “Omal Land”) on the construction site of the building A (hereinafter referred to as the “instant construction”) and leased temporary materials.

The two comprehensive construction limited partnership companies (hereinafter referred to as the "dual construction") which are the contractor of the instant construction works (hereinafter referred to as the "dual construction") jointly and severally guaranteed the obligations under the above temporary re-lease agreement for the plaintiff.

C. On May 12, 2015, the Plaintiff entered into a temporary re-lease agreement with the Defendant and leased temporary materials from the Defendant to deliver the temporary materials to the construction site of this case.

(hereinafter “instant lease agreement”). D.

By March 9, 2016, two cases returned to the Defendant the temporary materials supplied to the Defendant at the construction site of this case, and during that process, the temporary materials listed in the separate sheet owned by the Plaintiff (hereinafter “the temporary materials of this case”) were returned to the Defendant.

E. Meanwhile, the temporary rent payable by the Plaintiff to the Defendant under the instant lease agreement is KRW 21,252,062.

F. According to Article 11 of the instant lease agreement, the temporary rent shall be paid in cash for 60 days after the end of each month.

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff asserts that the defendant is obligated to return 9,481,555 won as unjust enrichment equivalent to the rent for the temporary materials of this case, since he occupies the temporary materials of this case owned by the plaintiff and leases the temporary materials of this case to another site and gains profit from lease.

The defendant occupies the temporary materials of this case owned by the plaintiff.

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