(영문) 청주지방법원 2017.07.18 2016가단106841

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(영문) 청주지방법원 2017.07.18 2016가단106841

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 21, 2015, between the Plaintiff and the Defendant, a temporary re-lease agreement was concluded between the Plaintiff and the Defendant on March 21, 2015 that the Plaintiff would be provided with temporary materials from March 21, 2015 to September 30, 2015 (hereinafter referred to as “instant contract”) at the construction site of Pyeongtaek-si World (hereinafter referred to as “ Pyeongtaek-si World”). The said agreement states that “All materials, at the time of loss or extinguishment of the materials, C, the site warden, shall be responsible for the temporary materials” (hereinafter referred to as “the instant contract”).

B. The Plaintiff entered into a contract for the lease of temporary materials at the construction site of the E shop located in D and Jeonju (hereinafter “E shop site”), and D renounced the construction around November 2013.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted by the parties against the Defendant for the payment of the temporary site rent of KRW 38,523,374 (28,623,375 won incurred from the issuance of the tax invoice on August 31, 2015) and the amount of KRW 28,623,375 (28,623,375 won) in total from August 16, 2016, from July 30, 2013 to May 15, 2016, on the premise that the Defendant acquired the contract from the lessee for the E commercial site from July 30, 2013 to May 15, 2016.

The Defendant: (a) paid in full the royalty for temporary materials used during the construction by Dae Chang Construction Co., Ltd., a prime contractor, to the Plaintiff, and paid in full the rent for the temporary materials used during the construction; and (b) the person who actually supplied and used the temporary materials from the Plaintiff is not the Defendant but by sub-subcontracting the reinforced concrete from the Defendant; (c) thus, the instant contract was made between the Defendant, a sub-subcontract, at the Plaintiff’s request, and the Defendant, who is a sub-subcontract, bears the responsibility for the loss or extinction of the materials, and thus, the instant contract was concluded

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