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(영문) 수원지방법원성남지원 2014.09.17 2014가합2262
건설가설자재임대료 및 건설가설자재반환
Text

1. The Defendant’s KRW 16,226,240 for the Plaintiff and 6% per annum from March 27, 2014 to September 17, 2014.

Reasons

1. Basic facts

A. In around 2012, the Defendant subcontracted the first section reinforced concrete construction work (hereinafter “instant construction work”) among the apartment construction works of the Mapo-gu, Gangseo-gu, Seoul Metropolitan Government apartment complex construction work built by the Defendant to the Ji-Support Construction Co., Ltd. (hereinafter “Li-Support Construction”).

B. On June 4, 2012, the Plaintiff entered into a contract for the lease of provisional construction materials with a beneficiary construction; from June 5, 2012 to April 2013, 2012, the Plaintiff leased provisional construction materials, such as oil pumps, pipes, stacks, and safety launch plates, to the beneficiary construction; and the beneficiary construction installed and used provisional construction materials leased from the Plaintiff at the construction site of this case.

C. On November 13, 2013, Jin Construction applied for commencement of rehabilitation proceedings on November 13, 2013. At that time, the instant construction was suspended and completed at the construction site, and thereafter, the instant construction was directly executed by the Defendant.

On the other hand, not only the Plaintiff, but also eight leasing companies (including the Plaintiff) that leased the building snow material for the instant construction project, which had been located on the ground of the lease of the building snow material for the instant construction project. However, there was a dispute among the leasing companies of this case regarding the ownership of the building building material left at the construction site of this case due to the construction site of this case among the construction site of this case.

E. Accordingly, the Defendant convened a meeting against each of the instant leased companies with the “measures to deal with the shortage of the quantity of the snow materials that can be returned to each of the instant leased companies” as an agenda, and on November 20, 2013, the Defendant attended the remaining seven enterprises, excluding the YY and the Maeeren Tech Co., Ltd., and the Hyeung Construction Co., Ltd. among the leased companies in the instant case.

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