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(영문) 서울중앙지방법원 2020.08.28 2019가단5098906
건설가설재임대료 등
Text

1. The Defendant’s KRW 56,771,964 for the Plaintiff and 6% per annum from April 10, 2019 to August 28, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs manufacturing, leasing, wholesale and retail business of construction materials, and the Defendant is a corporation that runs civil engineering and construction business.

B. The Defendant subcontracted part of the said construction work to D Co., Ltd. (hereinafter “Nonindicted Company”) by being awarded a contract with the Seongbuk-do Seongbuk District Office of Education (hereinafter “instant construction work”).

C. The Plaintiff: The Plaintiff, the Plaintiff: when Defendant 9 (Delivery and Return of Rental Articles) A delivers leased articles to the Plaintiff, the Plaintiff shall deliver a shipment site (supply site) to the Plaintiff, and the Plaintiff shall issue a receipt to the Plaintiff.

Upon the expiration of the lease period, B shall without delay return the leased object to A’s material center designated by A at his/her own expense.

In returning leased objects, B shall carry the invoice of B by putting the bareboat and brace for each size, and visit and examine B and B, and if B and B are not present, A shall be deemed as the agent of B and if B are not present, A shall be deemed as the agent of B and the certificate of receipt shall be issued to B.

Article 12 (Drinking of Rental Articles and Restrictions on Waste Items) The state in which it is impossible to repair the article in its original form due to plucking, cutting, cutting, central part sludge, etc. of leased articles shall be disposed of as waste articles, and waste articles shall be paid separately from rents, as compensation in attached Form 1 or as a contract for which the parties have consulted.

2. Where Eul loses possession of the leased object due to depreciation, theft, etc. and thus it is impossible to recover the leased object, Eul shall pay the relevant quantity to Gap according to the same method as that of the preceding paragraph.

5. If the amount of claim for loss is not paid on the settlement date when the loss loss is settled, A may claim for rent to B for the portion of the loss.

On June 14, 2018, the Defendant entered into a temporary re-lease agreement with the Defendant (hereinafter “instant one contract”) and supplied temporary materials at the construction site of this case.

The main contents of the instant one contract are as follows.

A:

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