(영문) 서울동부지방법원 2018.05.15 2017가단9191

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(영문) 서울동부지방법원 2018.05.15 2017가단9191

미반납 자재금액

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that mainly engages in construction, civil engineering, housing construction business, etc., and the Plaintiff is a company that mainly engages in the manufacture, sale, lease, and repair of building snow materials.

B. On August 13, 2015, the Plaintiff and the Defendant entered into a contract for the lease of construction snow (hereinafter “instant lease contract”) with the content that the system Dong-ri, light materials, scopher, scopher, and horizontal consolidated reinforcement materials, etc. are leased to the Korea Internet & Security Agency from August 13, 2015 to the completion of construction works (hereinafter “instant lease contract”).

Article 2 (Details of Contracts)

1. Details of lease: The same (applicable to specifications of lease) as the list of leaseholds;

4. Delivery place: The time requested by A (Defendant) (the time of request (three days prior to the date of request for arrival);

6. Transportation costs: Burden of the Plaintiff at the time of delivery and the burden of Party A at the time of return (Provided, That in cases of less than 11ton, Party A shall be borne);

7. Place for return: The place designated by B.

8. Supply and inspection of materials: Gap shall exclude the rental fees after confirming that inferior materials are available for inspection after suffering from the materials at the site;

(D) In the event of removal of material, the tax invoice shall be issued: (i) 60% of the cost of supply, installation, dismantling, and rearrangement of material, and (ii) 12. Scope of loss loss: A shall pay the cost of the depreciation of the net due to other processes; and (iii) material management shall be implemented and managed by B.

(1) Reference to the system unit cost table (2) Reference to the system unit cost table of destruction and loss

C. The Plaintiff leased temporary materials at the Defendant’s construction site from August 31, 2015 to June 2016, and the Defendant paid the entire rent under the instant lease agreement.

The plaintiff shall not recover part of the temporary materials leased to the defendant at the construction site on November 2016.

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