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(영문) 수원지방법원 2016.06.16 2015가단25446
임대료 및 멸실료
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 14, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a subcontract with D Co., Ltd. (hereinafter “D”) on setting the construction period of F new construction works in Jongno-gu Seoul Metropolitan Government E (hereinafter “instant construction works”) from March 14, 2012 to October 31, 2012; and the supply amounting to KRW 660 million.

B. On July 3, 2012, D filed a claim with Defendant B for progress payment of KRW 73,147,360 to purchase the entire quantity of food collection materials necessary for the process of the instant construction project. Accordingly, Defendant B transferred KRW 77 million to Defendant B’s account on July 12, 2012, KRW 40 million, and KRW 30 million on December 31, 2012.

C. However, on February 15, 2013, D entered into a lease agreement with the Plaintiff, engaging in the temporary re-lease business with the trade name of G, under which the Plaintiff leased the necessary temporary materials for the instant construction. From February 28, 2013 to October 4, 2013, D leased 9,601 temporary materials, such as oil pumps and pipes (hereinafter “the instant temporary materials”) from February 28, 2013 to October 4, 2013, and carried out construction work after installing them at the instant construction site.

On May 17, 2013, the Plaintiff: (a) visited the instant construction site to seek rent for the temporary materials of this case from D; (b) informed Defendant B of the fact that the instant temporary materials were leased from Defendant B to the head of the site of the site of the site of the site of the instant construction; and (c) re-examineed on October 2013, the Plaintiff visited the construction site and sought rent directly from H.

E. Around October 2013, D discontinued the construction work after having agreed with Defendant B to settle the existing construction cost as KRW 600,000,000, resulting in a dispute over the construction cost upon the completion of the structural frame.

F. Defendant B had to remove the instant temporary materials at the site of the instant construction in order to resume the suspended construction as above.

Accordingly, Defendant B is against December 2, 2013 and D on December 4, 2013.

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