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(영문) 창원지방법원 2019.11.15 2018나63935
자재임대료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a temporary material lending business under the trade name of “D,” and the Defendant is a company performing construction works for multi-household houses in the Franchi City in Kim Jong-si from E (hereinafter “instant construction works”).

B. The Defendant subcontracted the structural part of the instant construction work to H, which is engaged in construction business with the trade name of “G”.

C. On May 16, 2017, the Plaintiff leased to H the temporary materials, such as the rain and shot board, to be used at the construction site of this case (hereinafter “the instant temporary materials”) at the lease rate of KRW 37,00,000, from May 15, 2017 to August 30, 2017.

H ceased the construction of the Do which was performed by using the temporary materials of this case, and the Defendant continued to perform the remaining construction by using the above temporary materials installed at the construction site and completed the construction.

a half of the material (rop dyp dyp dyp dyp dyp dyp dyp)

1. To confirm the shipment to D location after confirmation of the Director of the C Site at the time of shipment of the materials; and

2.The shortage after comparing the quantity of the storage and the quantity of the removal materials shall be attributable to the G Company.

On September 30, 2017, the Director I (Signature) project owner E (Signature) G Company J (Signature)

E. On September 2017, after the expiration of the lease term, the Plaintiff requested the Defendant, the owner E and the original contractor, to return the temporary materials. However, the Plaintiff failed to immediately return the temporary materials.

However, on September 30, 2017, the Plaintiff received a written confirmation on the removal of the temporary materials of this case from E, the Defendant’s on-site director I, and J on the side of G companies as follows.

F. From November 2, 2017 to December 9, 2017, the Defendant divided the instant temporary materials into six parts and removed them from the construction site. The Plaintiff recovered all the temporary materials on December 9, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, Eul 1 (including each number), video, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the temporary materials of this case were attached to H.

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