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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 15, 201, the Defendant entered into a contract with Nonparty C to enter into the said contract with Nonparty C as a contract for the construction of a golf club and its appurtenant building. On the same day, the Defendant entered into a contract with Nonparty C for the construction of reinforced concrete and its appurtenant building (hereinafter “instant construction”) for the construction cost of KRW 870,000,00 (excluding value-added tax) and for the construction period from September 15, 201 to March 31, 2012 (hereinafter “instant subcontract”). Under the contract special engineer of the instant subcontract, the instant subcontract entered into a contract with Nonparty C as a subcontractor for the shipbuilding and its appurtenant materials, steel scrap (i.e., pipes, government office pipe, steel spat, BT, clamp, fin, etc.) and all appurtenants necessary for the instant construction work.
B. Around September 25, 2011, a Plaintiff operating D entered into a contract with C to lease temporary materials necessary for the instant construction project from around that time to March 30, 2012 (hereinafter “instant temporary re-lease agreement”) and leased temporary materials from September 26, 201 to the instant construction site. The instant construction was completed on June 23, 2012.
[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Plaintiff filed a claim for temporary re-lease for the period of the instant temporary re-lease agreement from the time of the conclusion of the instant temporary re-lease agreement to March 30, 2012, which is the expiration date of the contract term stipulated at the time of the instant temporary re-lease agreement, and the conjunctively from the time of the completion of the instant construction agreement to June 23, 2012, leased the temporary re-lease to C under the instant temporary re-lease lease agreement. As such, C’s claim for the rent for the temporary re-lease accrued during the said period ( primarily from March 30, 2012, KRW 43,102,920.