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(영문) 대구지방법원 2020.08.26 2019나322208
중기대여료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:

Reasons

1. Basic facts

A. On July 16, 2018, Defendant B ordered D Co., Ltd. to perform the instant construction work on the land (owned by Defendant B) of the Gu-U.S. Si (hereinafter “instant construction”). Defendant C is a person who, as Defendant B and the married couple, performed the instant construction work on behalf of Defendant B on behalf of Defendant B.

B. The Plaintiff as a mid-term rental business operator, and from January 4, 2019 to January 15, 2019, leased a mid-term period to D for the instant construction work, and the total amount of the mid-term rent is KRW 8.2 million.

C. On January 8, 2019, Defendant C visited the Plaintiff’s office and drafted a written consent for direct payment of equipment costs (hereinafter “instant written consent”) with the following content.

Agreement of Direct Payment of Equipment Costs

1. The name of the construction work: The Fent works at the time of the Gu and the Si;

2. The name of subcontracted construction works: Civil engineering reinforcement works;

3. Subcontractors: G (Plaintiff);

4. Construction cost: Cost of equipment until the construction is completed;

5. The subcontract contract date: On January 4, 2019, the subcontract period: From January 4, 2019 to January 19, 2019, the former Si, Si, F, which is scheduled to complete by the E company from January 4, 2019 to January 19, 2019, agrees to pay the subcontract equipment cost to G directly to the Plaintiff of the subcontractor at the original office in relation to the said civil works being performed by the E company under a contract.

(Provided, the Plaintiff (contractor) on January 4, 2019 (the land owner) Defendant C (contractor) on January 4, 2019 (the land owner)

D. Around January 30, 2019, D drafted a letter of waiver of construction that the instant construction is waived.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, 4, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary and key issues of the parties

A. The Plaintiff’s written consent of the non-performance of the instant construction is due to the indefinite time limit and thus Defendant B, the client of the instant construction and the landowner.

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