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(영문) 의정부지방법원 2014.06.18 2013가단35085
가설재사용료 및 물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 21, 2012, the Defendant awarded a contract for “B-built construction work” from the Seocheon-gun, and subcontracted the construction of reinforced concrete and soil (hereinafter “instant construction”) during the said construction to the Taecheon-gun Construction Co., Ltd. (hereinafter “Large National Land Construction”).

B. On October 9, 2012, the Plaintiff entered into a temporary re-lease agreement (hereinafter “instant temporary re-lease agreement”) with a view to leasing the temporary materials necessary for the instant construction into a large land unit (hereinafter “the instant temporary re-lease agreement”). Accordingly, the Plaintiff leased the temporary materials to the large land unit.

C. On the other hand, around January 2013, 2013, the Grand Construction submitted a letter of waiver of construction that the instant construction was suspended and that the instant construction was renounced without any condition to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 4, 5, Eul Nos. 1, 2, and 5 (including additional numbers), the purport of the whole pleadings

2. A section of the claim for a temporary rent;

A. The Plaintiff’s assertion 1) The Plaintiff concluded a contract to lease the temporary materials in this case with the Grand National Land, and from January 2013 to January 2013, and leased the temporary materials, such as water pumps, to the Grand National Land, with the rent of KRW 20,982,420 in total (including additional taxes; hereinafter the same shall apply).

(2) However, when the large land unit was abandoned on February 1, 2013 and the Defendant directly performed the remaining construction, the Defendant agreed to pay the Plaintiff the rent for the temporary site which was unpaid to the Plaintiff through the field manager C, and the Defendant demanded the rental of the temporary materials necessary for the construction to be directly operated by the Defendant, and the Plaintiff accepted it and leased the temporary materials directly to the Defendant until April 9, 2013, and the rent amounted to KRW 9,542,236.

3) Therefore, the Defendant is obligated to pay the Plaintiff the sum of the above rent of KRW 30,524,656 (i.e., KRW 20,982,420, KRW 9,542, and KRW 236) and damages for delay. (ii) Determination 1) The portion of the claim for temporary rent for the substitute land was examined, “A” 2,3, and “A”.

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