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(영문) 부산지방법원 2015.03.19 2013가단65174
임대료 등
Text

1. The Plaintiff:

A. Defendant Tro Construction Co., Ltd.: 10,171,336 won and its corresponding amount from July 17, 2014 to March 19, 2015.

Reasons

Basic Facts

The Plaintiff is a company that is engaged in the business of leasing construction materials in the name of the Plaintiff, and the Defendants were engaged in each construction business, and with respect to the construction of the construction of the building for bathing rooms at the window D in Changwon-si (hereinafter “instant construction”), the Defendant Daero Construction Co., Ltd. (hereinafter “Defendant Daero Construction”) contracted the said construction from the owner of the construction, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) was awarded a subcontract for the instant construction work from Defendant Daero Construction on August 20, 2012. The Defendant Ildong Industries Co., Ltd. (hereinafter “Defendant Il Young Industries”) was re-subcontracted from Defendant B of the said construction work.

On August 20, 2012, the Plaintiff entered into a lease agreement on temporary materials with Defendant Il Young Industrial, which provides that the Plaintiff shall lease the building materials to the said Defendant regarding the instant construction project, and the said Defendant shall pay the rent calculated in accordance with the lease price list to the said Plaintiff, and shall compensate for the lost or damaged materials based on the unit price list of destruction provided by the Plaintiff (hereinafter “instant agreement”).

The lease contract (No. 1) is accompanied by the lease price table and the unit price table for destruction.

(The details of the unit price of the temporary materials at issue in this case in the statement of unit cost of destruction are as indicated in the attached Table 1. The Plaintiff leased the temporary materials at the construction site of this case according to the contract of this case.

(However, there is a dispute between the Plaintiff and Defendant Tro Construction with respect to the volume of the temporary materials leased by the Plaintiff as the instant construction site. Defendant Il-young Industries suspended construction after a period of one month after commencing re-subcontracted construction, and Defendant B directly subcontracted construction to Defendant Il-young Industry. However, Defendant B also suspended subcontracted construction around November 30, 2012 due to financial difficulties.

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