(영문) 창원지방법원 2016.10.05 2015나11612

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(영문) 창원지방법원 2016.10.05 2015나11612

임대료 등

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1. The judgment of the first instance, including the claims added in the first instance court as follows.

Reasons

1. Basic facts

A. The plaintiff is a person who runs the business of selling and leasing temporary materials, and the defendant is a person who runs the business of building and civil engineering.

B. From May 17, 2014 to September 30, 2014, the Defendant subcontracted Nonparty A with construction cost of KRW 162,00,00,00 of the instant molding construction work (hereinafter “instant molding construction work”), and the Plaintiff leased temporary materials necessary for the molding construction work (hereinafter “the instant temporary materials”).

【Reasons for Recognition】 The fact that there has been no dispute, Eul's statement of No. 1, and the purport of the whole pleading

2. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff concluded a contract with the Defendant to lease the temporary materials owned by the Plaintiff at the instant construction site from June 1, 2014 to January 31, 2015, and leased the temporary materials at the instant construction site. As such, the Defendant is obligated to pay the Plaintiff rent of KRW 33,484,356, and KRW 9,450,100, totaling KRW 42,934,456, and delay damages therefor. 2) The Defendant’s assertion and the party who concluded a contract to lease the temporary materials of this case with the Defendant, were awarded a subcontract for the instant molding construction from the Defendant, and the Defendant did not enter into a contract to lease the said temporary materials. The Plaintiff’s issuance of a tax invoice to the Defendant in relation to the said molding construction is merely a mere fact under the subparagraphs at the request of A without business registration, and the Defendant, not the party to the above lease contract, is not obligated to pay rent to the Plaintiff.

B. According to the above facts, Gap evidence 1, 2, and Eul evidence 2-1, 2, and 2-1, 2, and 3, the plaintiff supplied temporary materials to the construction site of this case. The plaintiff thereafter supplied the defendant with the temporary materials at the construction site of this case.

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