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(영문) 수원지방법원 2018.03.29 2017나66176
임대료 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The plaintiff is a company that engages in the business of leasing temporary materials for construction, such as system props necessary for the structural construction (i) (i.e., organizing and assembling props used at the construction site for construction works to make it convenient for them to be installed, and to safely support the load; hereinafter referred to as “system props or temporary materials”). The defendant is a construction company specializing in manufacturing molds by making use of steel bars, wood, compositeboards, pipes, etc. and building concrete by using them. The plaintiff was requested by the defendant for the supply of temporary materials necessary for the “new construction of multi-family housing” and supplied the temporary materials to the above construction site on August 28, 2014.

(2) On September 4, 2014, with respect to the supply of temporary materials at the aforementioned construction site, the Plaintiff prepared a written estimate on April 22, 2015, which is deemed to be attached to the Defendant and the “Temporary Loan Agreement” (Evidence A No. 3) with the Defendant as of September 4, 2014. However, unlike the evidence No. 5, the evidence No. 3 attached to the “A”. Considering that the interval between time and time, the estimate as of April 22, 2015 is not attached to the original evidence No. 3. 3. The above contract: ① the period of lease shall be from the acquisition of the Defendant’s goods to the date of the return to the Plaintiff (Paragraph 1) and ② the confirmation of the quantity of the goods delivered to the Defendant shall be based on the delivery invoice; ③ the delivery quantity and the delivery quantity shall be determined together with the original Defendant, but it shall be difficult for the Plaintiff to ascertain the quantity of the goods returned to the Defendant as a result of the repair.

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