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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. The Plaintiff is a person who sells and leases temporary materials in the trade name of “B”.
B. The Hansan Construction Co., Ltd. (hereinafter “Koreanization Construction”) awarded a contract to the Defendant for structures and civil engineering works among the D Works located in Yeongi-gun, Chungcheongnam-gun (hereinafter “instant Construction”), and the Defendant awarded a subcontract to E (the representative, F, F’s husband G, in substance, operated) for the type frame works among the above structures and civil engineering works (hereinafter “instant subcontracted works”).
C. On February 2, 2012, the Plaintiff entered into a lease agreement with E to lease temporary materials to be used at the instant construction site, and supplied temporary materials at the instant construction site.
On February 21, 2012, the Plaintiff prepared and delivered to the Defendant a written waiver of the claim that “I will not claim rent, price of goods, or damages, including civil and criminal liability, from a third party other than the buyer who directly purchased the sale price of the materials when the Plaintiff leases and sells the materials to the structures (type mold) business operator” (hereinafter “written waiver of claim”).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 and the purport of the whole pleadings
2. The Plaintiff’s assertion entered into a lease agreement with E on temporary materials, supplied temporary materials at the construction site of this case, and failed to receive rents from E.
Accordingly, the plaintiff tried to recover the temporary materials, and the plaintiff, the defendant and E agreed to pay the temporary materials rent directly to the plaintiff around 9, 2013.
The rent for temporary materials supplied by the Plaintiff to the construction site of this case is KRW 277,956,960, and the Plaintiff was paid KRW 123,225,479 from the Defendant (or E).
Therefore, the defendant shall pay rent 148,521 for the temporary materials unpaid to the plaintiff according to the above agreement.