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(영문) 대전지방법원 2016.02.03 2015나5291
건축가설자재변상가 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a leasing business, such as temporary materials, in the name of “F” in ASEAN, and the Defendant is a company that runs a soil and public business, a reinforced concrete construction business, etc.

B. On or around December 17, 2012, the Defendant was awarded a subcontract for the instant construction work (hereinafter “instant construction work”) from Asan-si Ltd. M branchel (hereinafter “M branchel”).

C. On December 29, 2012, the Plaintiff leased the construction temporary materials necessary for the instant construction to the Defendant, and the Defendant pays the rent to the Plaintiff. If the Defendant is unable to refund to the Plaintiff due to the loss of possession of temporary materials due to theft, etc., the compensation amount shall be paid to the Plaintiff based on the compensation amount. For certain items, the compensation amount shall be specified; for the remainder items, the compensation amount shall be determined at the time of the contract; the compensation amount shall be determined at the time of the contract; and for the remainder items, a lease agreement was concluded to separately pay the value-added tax on the above rent and compensation amount (hereinafter “instant lease agreement”); on the same day, C and D jointly and severally guaranteed the Defendant’s obligation under the instant lease agreement against the Plaintiff.

In accordance with the instant lease agreement, the Plaintiff supplied building snow materials from December 29, 2012 to the construction site of this case.

E. When the Plaintiff supplies the provisional materials to the Defendant, the Plaintiff prepared a delivery certificate, receipt of goods, and receipt, and the delivery certificate shall be kept by the Plaintiff, and the receipt of goods and receipt shall be given to the transport engineer to have him sign it by the Defendant, and the receipt of goods shall be given to the Defendant’s employee, and the receipt of the goods shall be given to the Defendant’s employee.

F. When returning the temporary materials to the Plaintiff, the Defendant prepared a shipment certificate and sent it to the transport engineer, had the Plaintiff sign the shipment certificate, and paid the transport cost upon receiving the shipment certificate from the transport engineer.

[Ground of recognition] dispute.

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