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(영문) 대구지방법원 2014.06.12 2012나16665
자재인도및사용료
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On November 15, 2010, the Defendants entered into a subcontract with C Co., Ltd. (hereinafter “C”) on the construction cost of reinforced concrete construction among the said construction work (hereinafter “instant construction work”) with respect to the F facilities construction in the Army Central Security Group of Korea (hereinafter “C”). From November 15, 2010 to October 31, 201, the Defendants entered into the said subcontract (hereinafter “instant subcontract”).

B. On November 28, 2010, C entered into a lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and C with respect to the temporary materials for construction, such as water pumps, etc. required for the instant construction from the Plaintiff, which is determined by the contract bond of KRW 30,00,000 and the rent [basic fee x the number of days of use x the number of days of use].

C. According to the instant lease agreement, the Plaintiff supplied the temporary materials for building as indicated in the attached Table 1 (hereinafter “the instant temporary materials”) at the construction site of this case from December 3, 2010 to April 9, 201, pursuant to the instant lease agreement.

C During the process of the instant construction project, upon suspending construction costs for the first time on July 201, 201, after suspending construction works for the first time, the Defendants were removed from the construction site. Accordingly, on July 30, 201, the Defendants agreed on the instant subcontract agreement with C to adjust the weather altitude up to that time and to waive the remaining parts of the instant construction project.

E. After doing so, the Defendants completed the construction work on December 201 after executing the remaining parts of the instant construction work.

【Fact-finding without any dispute over the basis of recognition】 The evidence Nos. 1, 3-1, 28, 4-1, 6-28, 1-2, and 1-2, and the purport of the whole pleadings by the witness B of the first instance court

2. Plaintiff’s assertion and judgment

A. At the time of termination of the instant subcontract agreement with C, the Defendants asserted that the Plaintiff leased the instant temporary materials to C pursuant to the instant lease agreement with C continue to use the said temporary materials.

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