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(영문) 서울서부지방법원 2016.05.19 2015가단5197
공사자재임대료미수금
Text

1. The Defendant’s KRW 69,355,296 as well as the Plaintiff’s KRW 20% per annum from January 15, 2015 to September 30, 2015.

Reasons

1. The following facts can be found in light of the overall purport of the pleadings on the statements in Gap evidence of 1 to 8 (including paper numbers) and witness Gap's testimony.

피고는 로얄앤컴퍼니 주식회사의 화성공장 신축공사의 시공사로서, 2014. 1. 20. 주식회사 월드플랜(이하 ‘소외회사’라 한다.)과 사이에 위 신축공사 중 철근콘크리트공사에 관하여 하도급계약을 체결하였다.

B. On February 17, 2014, the Plaintiff entered into a temporary re-lease agreement with a non-party company for the supply and lease of building materials at the construction site (hereinafter “instant construction site”) and supplied temporary materials, such as door-setting and rail crossings, at the instant construction site.

C. On May 31, 2014, the Defendant and the Nonparty Company evaluated and settled the climate and injury with respect to the above subcontract construction contract by May 31, 2014. From June 1, 2014, the Defendant directly operated the said construction, but the Defendant agreed to pay to the materials leasing company, etc. that entered into a contract with the Nonparty Company in relation to the said construction at the request of the Nonparty Company.

On May 31, 2014, the Plaintiff intended to remove temporary materials leased at the construction site of this case by the non-party company upon the completion of the subcontracted project. However, it was impossible to withdraw the temporary materials without completion of the project.

The new construction work at the instant construction site was terminated on November 2014, and the non-party company and the Defendant returned the temporary materials installed at the instant construction site to the Plaintiff 16 times from May 7, 2014 to November 11, 2014.

E. On September 2014, the Plaintiff filed a claim for temporary repurchase rent with a non-party company, but the non-party company rejected the payment on the ground that the Defendant is working directly for the rent after May 2014.

F. The cost of leasing temporary materials installed at the construction site of this case is for the portion 14,249.

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