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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 6, 2011, the Plaintiff entered into a lease contract with EF&D Construction Co., Ltd. (hereinafter “EF&D Construction”) under which the Plaintiff set the eb beam beam to be used in the construction site for overcharge 163-3 of children of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant construction site”) at KRW 120,000 per ton of the rent 3 months, and around that time the Plaintiff handed over the ebn beam to EFD Construction.
B. On August 3, 2011, the Defendant entered into a contract between EF&D Construction with the Defendant setting the 300 tons sn beam beam to be used at the instant construction site at KRW 120,000 per ton for the next three months. From September 28, 2011 to March 8, 2012, the Defendant handed over the 324.937 tons sn beam to EWn Construction.
C. From April 7, 2012 to September 7, 2012, the Defendant recovered the beam beam from the construction site of this case.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-3, Eul evidence 5, Eul evidence 6-1 to 22, Eul evidence 7-1 to 9, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On September 7, 2012, the Defendant brought the beam beam of the instant case owned by the Plaintiff at the construction site of this case arbitrarily.
따라서 피고는 원고에게 이 사건 에이치빔을 인도하고, 2012. 9. 7.부터 인도일까지 그 차임 상당액인 1일 70,325원[≒ 1,333,333원 (차임 3개월에 톤당 120,000원 ÷ 3개월 90일) × 52.744톤]의 비율로 계산한 부당이득을 반환할 의무가 있다.
When compulsory execution against the beam beam of this case is impossible, the defendant is obligated to pay to the plaintiff the amount calculated by the ratio of 70,325 won per day from September 7, 2012 to the delivery date of the copy of the complaint of this case (i.e., the unit price of 750 won per unit price of kg x 52,744 g) and the amount calculated by the ratio of 70,325 won per day from September 7, 2012 to the delivery date of the copy of the complaint of this case.
The plaintiff added this part of the claim against the impossibility of compulsory execution.