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(영문) 창원지방법원 마산지원 2018.10.30 2017가단104388
가설재 임대료 및 멸실료 청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 14,183,904 and its amount from August 12, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 29, 2016, the Defendant subcontracted the mold construction (hereinafter referred to as “instant mold construction”) among the “Sevedo-dong-si-si-si-si-dong-si-si-si-dong-si-si-dong-si-dong-si-dong-si-dong-si (hereinafter referred to as “instant new construction”) to a carried forward dive construction company (hereinafter referred to as “dive construction”) by setting the contract amount of KRW 10.3 billion from September 2015 to March 2017 during the construction period.

B. On September 1, 2015, the Plaintiff concluded a construction material lease agreement with a carried-over construction (hereinafter “instant lease agreement”) and supplied the said materials at the site of the instant new construction project over 11 occasions from January 8, 2016 to March 25, 2017.

(hereinafter referred to as “instant materials” in total. On the other hand, carry-over construction leased construction materials from three other companies than the Plaintiff.

Article 2 (Terms and Conditions of Contracts) (1) Since it is impossible to determine the quantity of leased materials due to a future flexible transaction at the time of the conclusion of a lease agreement, only the unit price by each material shall be specified as attachment (Ⅰ), and the detailed details of the leased materials continuously and continuously made after the conclusion of the lease agreement shall be settled after the settlement of accounts by the Plaintiff, such

(3) Where an employee (including a prime contractor) of leased materials is changed due to the circumstances (including succession, etc. of construction, etc.), a carried-over construction shall undergo a re-contract procedure in advance with the Plaintiff.

Article 8 (Management of Rental Materials) (4) No carried-over construction shall be allowed to transfer leased materials to a third party for profit or use, or to occupy or transfer them at will.

Article 11 (Rents) (1) Rent shall be calculated by applying the rental rate attached thereto to the number of days of use, and the methods shall be as follows:

Article 13 (Cancellation or Termination of Contract) (1) In any of the following cases, carryover construction shall be conducted against the plaintiff:

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