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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The parties' assertion
A. On July 2013, the Plaintiff’s assertion entered into a contract with the Defendant to lease temporary materials, such as water pumps, at the site of the Studio Construction Corporation in Sejong-si (hereinafter “instant construction”) and to collect rent, etc. from the Defendant, and leased temporary materials from July 12, 2013 to April 30, 2014 under that contract.
The amount of KRW 7,300,50,50 from the Defendant’s total of KRW 126,865,392, including rents, etc. incurred during that period, shall be limited to KRW 49,564,883, and damages for delay shall be claimed.
B. The party who concluded a temporary material lease contract with the Plaintiff regarding the instant construction work is not the Defendant but the Defendant’s subcontractor B.
In addition, after October 29, 2013, the Plaintiff supplied temporary materials to the neighboring construction site, not the instant construction site, by mutual agreement with B, and the Defendant paid the Plaintiff the full amount of the rent for the instant construction work.
Nevertheless, it is unreasonable for the Plaintiff to claim rent, etc. for temporary materials after November 2013 to the Defendant.
2. Determination
A. In full view of the purport of the argument as to the cause of the claim (1) as a whole, the Plaintiff’s business with the purpose of leasing, selling, storing, etc. construction materials and leasing the temporary materials, such as water pumps, etc. from the Defendant to the Defendant at the construction site of this case, and receiving rents from the Defendant for the damages and losses of the leased temporary materials, and receiving rents, etc., and taking account of the expenses, etc., the Plaintiff entered into a contract under which the Defendant bears the burden of transportation expenses, etc. for the upper and lower costs (hereinafter “instant contract”) (hereinafter “the instant contract”).