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(영문) 대구지방법원 2017.07.13 2015가합204759
임대료 등
Text

The Plaintiff

A. Defendant B Co., Ltd.: (a) starting October 1, 2016 for KRW 595,99,291 and for KRW 381,409,054 among them.

Reasons

Facts of recognition

Around May 10, 2014, Defendant C Co., Ltd. (hereinafter “Defendant C”) (a contractor for the construction work ordered by D Co., Ltd.) subcontracted the subcontracted construction work to F Co., Ltd. (hereinafter “Defendant B”) for the construction period from May 12, 2014 to June 28, 2016, with the construction cost of KRW 9 billion (including value-added tax). Defendant B re-subcontracted the subcontracted construction work to F Co., Ltd for the construction period from May 12, 2014 to June 28, 2016.

Since then, Defendant B entered into a contract with the Plaintiff, who is engaged in the business of leasing temporary materials with the trade name “G” (hereinafter “instant lease contract”) and the Plaintiff supplied the temporary materials to the site of the instant construction project in accordance with the said contract. The lease contract for temporary materials (change) is concluded.

1. Details of leased objects: Temporary materials for building;

3. Separate value-added tax;

4. Delivery Place: Article 1 (General Provisions) A (Plaintiff) of the H E Site in Daegu-gun H E Project Site shall lease temporary materials owned by A (hereinafter referred to as “leased materials”) to B (Defendant B) as the following conditions may be specified, and Eul shall pay rent for the lease from the leased materials:

Article 7 (Transfer and Return) (1) When A delivers leased articles to B, A shall issue a delivery certificate to B, and B shall issue a receipt to B.

(3) When returning leased items, Party A and B shall be present at the workplace of Party A and Party B shall examine the leased items.

However, if it is not possible for B to attend due to the circumstances of B, the transporter of B shall be the agent of B and shall be examined together with A, and the notification of B shall be given to B, and the notification of B shall be recognized.

Article 8 (Expiration of Term and Termination of Long-Term)

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