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(영문) 수원지방법원 2017.09.29 2016나11575
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 20, 2013, the Defendant entered into a contract on the construction of reinforced concrete (hereinafter “instant construction”) at KRW 522,50,000 of the construction cost with respect to the said construction to a joint-stock company B (hereinafter “B”) (hereinafter “instant construction”).

B. On October 10, 2013, the Plaintiff leased temporary materials to C (hereinafter “C”)

) The Plaintiff entered into a lease contract with the value of the temporary materials, such as water pumps 69,00,000, and the term of lease from October 10, 2013 to December 20, 2013 (hereinafter the Plaintiff’s lease contract is referred to as “the primary temporary materials of this case” in the term of the above lease contract, and the said lease contract is referred to as “the instant lease contract”.

A) The main contents of the instant lease agreement are as follows. Article 5 (Prohibition of Transfer of Rights) The Plaintiff and C may not transfer rights and duties under this Agreement to a third party by mutual change, representative change, or any other means. However, this shall not apply where the Plaintiff’s prior approval is obtained in writing. However, even if the term of this contract expires, but it is impossible to dismantle or remove leased articles due to the circumstances of Article 6 (Extension of the term of the contract), the period may be extended by mutual agreement between the Plaintiff and the Defendant after confirmation by the Plaintiff.

② When C returns leased goods to the Plaintiff, the Plaintiff shall deliver a certificate of receipt to C.

5. Within seven days from the time the quantity of the returned leased article is exceeded, C shall be notified. If the Plaintiff neglected this, the leased article shall be considered to be delivered to the Plaintiff in full, and C shall thereafter be considered to be delivered to the Plaintiff.

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