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Reasons
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(영문) 대구고등법원 2018.09.05 2017나23777
임대료 등
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1. The judgment of the court of first instance is modified as follows.

Defendant B Co., Ltd. is composed of KRW 280,773,00 and its importance.

Reasons

1. Basic facts

A. On May 10, 2014, Defendant C, a contractor for an E-project construction project ordered by D Co., Ltd., subcontracted to Defendant B the construction period from May 12, 2014 to June 28, 2016, with the construction period fixed and subcontracted the construction of soil and structures as KRW 9 billion (including value-added tax) during the construction period, and Defendant B re-subcontracted the construction of structures during the contracted construction period (hereinafter “instant construction”) from May 10, 2014 to June 28, 2016 to the constructor F.

B. On June 26, 2014, the Plaintiff entered into a contract (hereinafter “instant lease contract”) with the Plaintiff, who is engaged in the business of leasing temporary materials in the name of Defendant B’s executory office, and Defendant B entered into a contract under which the following is the main contractor (hereinafter “instant lease contract”) and the Plaintiff began to supply the temporary materials to the instant construction site from July 9, 2014. A lease contract for temporary materials (a change) was concluded.

1. Details of leased objects: Temporary materials for building;

3. Separate value-added tax;

4. Delivery Place: Article 1 (General Provisions) A (Plaintiff) of the H E Site in Daegu-gun H E Project Site shall lease temporary materials owned by A (hereinafter referred to as “leased materials”) to B (Defendant B) as the following conditions may be specified, and Eul shall pay rent for the lease from the leased materials:

Article 7 (Transfer and Return) (1) When A delivers leased articles to B, A shall issue a delivery certificate to B, and B shall issue a receipt to B.

(3) When returning leased items, Party A and B shall be present at the workplace of Party A and Party B shall examine the leased items.

However, if it is not possible for B to attend due to the circumstances of B, the transporter of B shall be the agent of B and shall be examined together with A, and the notification of B shall be given to B, and the notification of B shall be recognized.

Article 8. Period.

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