(영문) 수원지방법원성남지원 2017.09.06 2016가단226027

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(영문) 수원지방법원성남지원 2017.09.06 2016가단226027

건설가설재임대료

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On March 2015, the Plaintiff leased temporary materials (hereinafter “instant temporary materials”) to be used for reinforced concrete construction (hereinafter “instant construction”) among the new construction works of the Diplomatic Association subcontracted by the Defendant by C (hereinafter “C”) to C (hereinafter “C”) and set the lease period from February 17, 2015 to August 17, 2015.

B. Meanwhile, the Defendant and C initially set the construction period from January 23, 2015 to June 30, 2015, but extended the construction period on June 29, 2015 by September 30, 2015.

C. However, C completed the instant construction and completed it at the construction site until around December 2015.

Therefore, the Plaintiff intended to recover the temporary materials of this case leased to C, but received a request from the Defendant to continue the temporary materials of this case which were already installed by the Defendant, and accepted it.

E. Accordingly, since the Defendant used the temporary materials of this case from January 2016 to November 2016, the Defendant is obligated to pay the Plaintiff the rent for the temporary materials of this case and the delay damages.

2. According to the overall purport of the statements and arguments in Gap evidence Nos. 1 through 6, the following facts are as follows: ① subcontracted the construction of this case from the defendant on January 23, 2015; ② the plaintiff leased temporary materials to C on or around March 2015, and the term of lease was set from February 17, 2015 to August 17, 2015; ③ the defendant and C set the term of the original construction of this case from January 23, 2015 to June 30, 2015; however, the term of construction of this case was extended on June 29, 2015 to September 30, 2015, but the fact that the said term of construction was extended on or around September 20, 2015, but the above facts and evidence alone are insufficient to recognize that the defendant continued to use the construction of this case to the construction of this case until December 16, 2015.

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