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(영문) 부산지방법원 서부지원 2021.03.19 2020가단101964
사용료
Text

The Defendant, as the Plaintiff

(a) deliver movable property listed in the separate sheet;

B. 48,608,574 Won and its corresponding, March 2020

Reasons

1. Facts of recognition;

A. The Plaintiff is a business entity that leases the sn beamline and trial file materials necessary at the site of construction civil engineering works with the trade name of “D”.

B. On April 20, 2018, E Co., Ltd. (hereinafter “Non-Party Company”) entered into a contract with the Defendant to receive KRW 470,800,000 for the construction cost as necessary for the work to excavate buried property on the site located in Busan Southern-gu F.

(c)

On July 2018, the non-party company concluded a lease agreement between the Plaintiff and the Plaintiff to lease the movable property indicated in the separate sheet necessary for the above family facility construction (hereinafter “the instant material”).

(d)

As of July 4, 2018, the Plaintiff released the instant materials from July 4, 2018 to the site of the above facility construction.

Therefore, even if the above lease agreement expired on September 3, 2018, the Plaintiff failed to receive the return of the instant materials at the construction site at the above construction site.

E. On October 5, 2018, Nonparty Company transferred to the Plaintiff the “Claims for Fees for the instant materials out of the construction cost claims that Nonparty Company owns against the Defendant.”

In addition, on January 28, 2020, the non-party company sent a notice of claim takeover to the defendant on the ground that "the above claim was transferred to the plaintiff, and the material of this case was leased from the plaintiff and held office to the defendant, so the above material is returned to the plaintiff." The non-party company reached the defendant around that time.

F. The remainder of the construction price that one part of the non-party company has received from the Defendant is KRW 48,608,574.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, Gap evidence No. 2-1 through 18, Gap evidence Nos. 3 and 4, evidence No. 5-3, witness G's testimony, and the purport of the whole pleadings

2. Determination as to the request for extradition of the instant materials

A. According to the above facts, the materials of this case are owned by the plaintiff. Thus, the defendant is obligated to deliver the above materials unless there are special circumstances.

B. The defendant against this case.

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