(영문) 서울중앙지방법원 2014.11.20 2014가합16567

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.11.20 2014가합16567

건설자재임대료

Text

1. The defendant shall pay KRW 3,298,465 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The main point of the Plaintiff’s claim was that the Defendant was awarded a subcontract for the shipbuilding work among the construction works for the Bosco Construction Co., Ltd. in the Kusco-dong Seoul Metropolitan Government.

On May 28, 2013, the Plaintiff entered into a lease agreement on temporary materials to be used at the construction site with the Defendant.

The Defendant is obligated to pay the rent to the Plaintiff until all the temporary materials leased from the Plaintiff are returned and the settlement is completed. The Defendant did not refund 52,919 materials to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 177,144,571 and delay damages KRW 10,94,896 from October 2013 to April 2014.

2. Determination

A. In fact, the Defendant terminated the subcontract between Spanco Construction Co., Ltd. and Han Industry Development Co., Ltd., the Defendant, as a follow-up company, became a follow-up company, and entered into a lease agreement with the Plaintiff on the temporary materials already brought into the site.

The main contents of the lease agreement entered into between the plaintiff and the defendant are as follows.

(1) Rent for temporary materials shall be calculated by applying a group of the days of use and quantity from February 1, 2013 to the end of each month.

(2) The rent for the lease of temporary materials from February 1, 2013 to April 30, 2013 shall be 35,000,000 won (excluding surtax) by the mutual agreement of both parties, and shall be paid in cash until July 15, 2013.

(3) From May 2013, a tax invoice shall be issued by subtracting the quantity taken out as of the last day of each month from the payment of costs for leasing temporary materials, and shall be paid in cash within 60 days after issuance.

(4) With respect to the shortage in shipping out at the time of completion of construction works, 1% of the value of used goods shall be supplied by the plaintiff, the defendant shall reimburse the excess of 1%, and 2% of the shortage shall be dealt with through consultation between the plaintiff, the defendant, and 3 Poco Construction Co., Ltd.

(5) The attached quantity is the quantity managed by the plaintiff.

유사 판례

-서울고등법원 2015.05.15 2014나2050799

-서울중앙지방법원 2015.06.03 2014가합47011

-서울행정법원 2019.03.29 2018구합67879

-창원지방법원 2019.09.27 2019나50301

-대법원 2015.2.12.선고 2014다44017 판결