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(영문) 대전지방법원 2019.12.27 2018가단216732
물품대금
Text

1. The Plaintiff:

(a) Defendant D shall pay 36,516,454 won;

B. Defendant B and C are jointly with Defendant D.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the building temporary materials leasing business.

Defendant B and C are owners of the building of the building of 2-family house in Daejeon Seosung-gu E, F, and G ground-based multi-family house ( approximately KRW 938 square meters in total and KRW 284 square meters in total, and KRW 284 square meters in total; hereinafter “instant new construction project”).

Defendant B and C contracted the instant new construction work to Defendant D.

B. Around June 2017, the Plaintiff entered into a contract on temporary re-lease (hereinafter “instant lease agreement”) with Defendant D and the instant new construction site to pay KRW 45,000 for the aggregate materials at KRW 45,00 per rent from the date of release to 90 for the aggregate materials, and from the date of release to 120 days for the non-production materials. The rent shall be calculated on a daily basis thereafter, and the rent shall be paid at 40% at the time of completion of the second floor slab, 40% at the time of completion of the rooftop, and 20% at the time of completion of the rooftop (hereinafter “instant lease”).

C. According to the instant lease agreement, the Plaintiff supplied the temporary materials listed in the attached list (hereinafter “the instant temporary materials”) to the instant new construction site performed by Defendant D from June 10, 2017 to August 29, 2018, but Defendant D suspended the construction without paying the rental fee that occurred, and was temporarily set away from the instant construction site on September 2, 2017, and thereafter Defendant B and C directly operated the instant new construction work.

On September 3, 2017, the Plaintiff requested Defendant D to suspend the use of the temporary materials of this case being leased on the ground that the instant lease contract was terminated, and notified Defendant D that the temporary materials should be immediately returned at Defendant D’s expense. Since the instant lease contract was terminated, the Plaintiff notified Defendant B and C that the temporary materials should be suspended and returned.

In this regard, Defendant B and C notified the Plaintiff that they did not intend to pay the price of the temporary materials and return the temporary materials, and directly operated the construction by continuously using the temporary materials of this case, and it became unnecessary to complete the structural construction in succession.

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