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(영문) 광주고등법원 2015.12.09 2015나143
임대료
Text

1. The judgment of the court of first instance against the defendant C among the judgment of the court of first instance is revoked, and the plaintiffs corresponding to the revoked part.

Reasons

1. The extent of this Court’s adjudication: (a) payment of the amount equivalent to KRW 374,446,720 against the Defendants (i.e., KRW 357,758,720 transport fee of KRW 7,700,000 in 8,98,000 in the remainder of the rent) and attached Form A

3. The court of first instance sought delivery of each construction material listed in the list, and the court of first instance accepted only a claim for rent within the scope of KRW 355,758,720 among them, and a claim for delay damages and a claim for the delivery of construction material after November 18, 2014, and rendered a judgment dismissing the remainder of the claims, and only the Defendants appealed and appealed, so only the part against the Defendants in the judgment of first instance is subject to the scope of the judgment of this court.

(In the judgment of the court of first instance, the plaintiffs and the defendants, who are the deceased A and the parties to the lawsuit, are not dissatisfied with the scope of the judgment of this court, and the specific scope that does not fall under the scope of the judgment of this court is examined separately in each item). 2. Basic facts

A. The network A (hereinafter “the network”) was a private entrepreneur who leases and sells various construction materials used at the construction site in the name of “D”.

Around February 2012, Defendant C (hereinafter “Defendant C”) entered into a contract with Bosung-gun for a construction project to perform the instant construction project by receiving an order for Bosung-gun (hereinafter “instant construction project”). Around August 2012, Defendant B entered into a subcontract with Defendant B to provide that the contract amount of reinforced concrete construction works among the instant construction works shall be KRW 1,188,000,000 and the construction period shall be fixed from August 20, 2012 to July 30, 2013.

Since then, Defendant B performed a reinforced concrete construction among the instant construction works, from January 14, 2013 to the same year.

1. Within 24. and from January 3, 2014 to March 3, 2014, the period of construction stipulated in the said subcontract agreement concluded between the Defendants was interrupted due to the limited wave.

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