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1. The plaintiff's claim is dismissed.
2. On December 5, 2018, this Court has regard to cases of application for suspension of compulsory execution of 2018 Chicago130.
Reasons
1. The following facts may be acknowledged in light of the following facts: Gap evidence Nos. 1 and 3 as well as Eul's testimony.
The Geumsan-Gun Office ordered D Co., Ltd. (hereinafter referred to as “D”) to build Fsports Halls on the ground of Geumsan-gun, Geumsan-gun, and D subcontracted the construction of reinforced concrete (hereinafter referred to as “instant construction”) to the Plaintiff, which is for construction business around 2014.
B. On November 19, 2014, the Defendant, who operates construction materials leasing business with the trade name “G”, concluded a contract with the Plaintiff to lease construction materials owned by the Defendant to the Plaintiff (hereinafter “instant contract”) under the following terms and conditions, and C, which was the Plaintiff’s site manager, guaranteed the said obligation.
- Terms of contract -
1. Details of leased articles: To be stated in the transaction list;
2. Term of lease: From the date when an initial contract is made to the whole return of materials.
4. Rental and delivery place: The site of the defendant that takes place from the contract date.
6. Date and method of payment: Claim on the last day of each month, payment in cash within 20 days following the following day - General terms and conditions of the lease contract - Article 3 (Lease Period) 1). The lease period shall be the period prescribed in the General Provisions of the contract, and at least 10 days from the date of delivery shall be extended to guarantee the use of the contract (Provided, That this contract shall be deemed to have been renewed under the same conditions if either party does not express its intent of discharge, etc. at least seven days before the expiration of the lease period.
In such cases, the defendant shall notify the plaintiff of the scheduled date for returning the goods without delay.
Article 14 (Effect of Contracts) (1) The addition of items and quantity of leased goods not described in this Framework Agreement, increase in the site, etc. shall be confirmed by acceptance certificates, orders, tax invoices, etc. and the terms not specified therein shall correspond to this Framework Agreement. (2) The Defendant shall correspond to the Plaintiff.