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(영문) 의정부지방법원 2021.01.19 2018가단5430
가설자재임대료 등
Text

The plaintiff's primary and conjunctive claims against the defendant are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Multi-household housing of the fourth floor size, which is the owner of the building in Gyeonggi-gu, was built on the site located in Gyeonggi-do, where the Defendant is the owner (hereinafter “multi-household housing in this case”) (hereinafter “multi-household housing in this case”, and the said construction work is referred to as “the instant construction work”). (b) On May 17, 2017, E Co., Ltd. started and started the instant construction work. Of the structural construction, it suspended the construction work while performing the installation of the second floor walls and the upper steel bars and fooming work, and completed the construction work around July 2017.

(c)

F At the time when E, while performing the instant construction, he re-subcontracted the wooden part of the structural construction, such as the installation of a fry house, and for this purpose, he received temporary materials from the Plaintiff and installed a fry house, etc. using it (hereinafter “the instant temporary materials”).

(d)

On June 12, 2017, Co., Ltd. paid KRW 6,000,000 to the Plaintiff for the temporary materials rent of this case.

E. Even after the suspension of construction work by Company E, F continued the wooden construction among the instant construction works, and discontinued the construction work on the ground that the construction work is not paid, and the construction work was discontinued at the construction site on August 2017.

F. Even after F’s completion, the temporary materials of this case were continuously used in the instant construction.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 10, 11, 12, 14, Eul evidence Nos. 1 through 5, 7, 8, and 10, witness F's testimony, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion 1) The instant construction project was not carried out by E, a corporation contracted by the Defendant for the instant construction project on or around July 2017, and the Defendant directly carried out the instant construction project through C, the Defendant’s deceptive interest agent, and via C, on July 25, 2018, the Plaintiff and the temporary materials listed in the register No. 1 attached hereto (hereinafter “the instant temporary materials”).

shall be deemed to have been leased from the time of such establishment.

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