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Reasons
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(영문) 서울고등법원 2016.05.20 2015나2035407
물품임대료등
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running the construction temporary re-lease business, and the Defendant is a company running the steel product construction business and the dismantling business of structures. 2) A is an individual business operator engaged in the non-interform installation construction business with the trade name (business number D) called “C,” and F, the wife of A, was a separate business registration (business number: G) with the trade name identical to A.

B. On April 3, 2012, the Defendant entered into a subcontract for construction works, such as the installation of the Defendant’s vision (i.e., a subcontract for construction works) with A on April 3, 2012 for construction works for stone construction among H apartment construction works in Namyang-si (hereinafter “Namyang-si

2) The Defendant entered into a subcontract with respect to the installation and dismantling of stone-related works (hereinafter referred to as “subscopic works”) among the Dadong Construction Co., Ltd. (hereinafter referred to as “Scopic construction works”) around 2013. The Defendant entered into a contract with A (However, as seen below, written in the name of F in the contract (No. B. 2)).

(c) A lessor (a) of a temporary re-lease agreement entered into between the Plaintiff and A: The representative of C: the Defendant who is a joint and several surety;

1. Details of leased objects: Temporary materials and right to lease at a fry;

2. Term of lease: From April 2012;

4. Places of supply: The South-Korea CoastJ and other national sites;

6. Payment method: (30) monthly (0) General Conditions for Lease Contract (Delivery and Return) ① When the Plaintiff delivers leased goods to A, the Plaintiff shall deliver a shipment certificate to A, and A shall deliver a receipt to the Plaintiff.

② When returning leased goods to the Plaintiff, A shall deliver a certificate of receipt to A.

(5) When returning leased goods, the plaintiff and A shall attend the place of business and examine leased goods.

Article 11 (User Fee) (1) The user fee shall be paid by the “A” after settling accounts at the time when the leased goods arrive at the site, as stipulated in the monthly contract.

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