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1. Upon the claim that the court changed the exchange in this court, the defendant shall pay to the plaintiff KRW 10,000,000 and this shall apply.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is running a business, such as temporary site leasing business, in the name of “H,” in the Tae-gun, Chungcheongnam-gun, Chungcheongnam-do. 2) The Defendant: (a) contracted the construction of a new house on the ground of E-Ground, Chungcheongnam-gun; and (b) entered into a subcontract with D on November 2016 with respect to the structural construction of a new building (hereinafter “instant construction”).
B. (1) On November 21, 2016, the Plaintiff entered into a lease agreement with D on temporary materials necessary for the instant construction (Evidence 4). The lease amount is calculated according to the detailed statement, and the lease term is set from November 15, 2016 to December 30, 2016. (2) The Plaintiff again entered into a lease agreement with C on temporary materials (Evidence 1) around December 2016. The lease term is set again from November 15, 2016 to November 15, 2016.
D is written as a field officer in the above lease contract.
3) From November 19, 2016 to January 7, 2017, the Plaintiff leased temporary materials to the instant construction site on seven occasions. The details of temporary materials leased by the Plaintiff and the daily unit price of rent are as indicated in attached Table 1. C. D around January 8, 2017, the instant construction was waived and the instant construction was completed at the construction site.
2) On February 9, 2017, the Plaintiff sought the return of temporary materials by content-certified mail to the Defendant, D, and C, and filed a claim for the payment of user fees. In particular, the Plaintiff demanded that the Defendant pay for the temporary materials for the suspension of use and immediate payment of the temporary materials by asserting that “the Plaintiff intended to remove the temporary materials at the construction site of this case, but failed to take them out to the Defendant’s bank.” (iii) D leased the temporary materials to the Defendant by content-certified mail against the Defendant on February 27, 2017, and as the Defendant used the temporary materials without permission, the amount of the temporary materials used by the Defendant without permission.