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(영문) 대전지방법원홍성지원 2020.08.28 2018가단7481
가설재임대료
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is running a temporary leasing business with a trade name called C, and the Defendant is a joint investor of the project newly built construction corporation for the business facilities in the Chungcheongnam-nam Budget E Industrial Complex executed by D as the project owner.

B. The instant construction owner D awarded the instant construction contract to F Co., Ltd. (hereinafter “F”), and F awarded the instant construction contract to H, who mutually carries on construction of reinforced concrete among the instant construction works, with G. From October 2017, the Plaintiff was awarded a subcontract for 162 million won among the instant reinforced concrete construction works to H during the period of 2017.

C. During the Plaintiff’s progress, the Corporation was suspended from November 30, 2017 to March 25, 2018 due to the relationship between D and Defendant’s financial standing.

On March 16, 2018, the Plaintiff entered into a contract to change the construction period and the date of payment for completed portion with respect to H and C&D works, and agreed not to claim the increase in the rent for temporary materials incurred during the construction suspension period until the completion of construction.

E. In August 2018, the Plaintiff completed the structural construction of the instant construction project.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 2 and purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s construction was suspended from November 30, 2017 to March 25, 2018 due to the Defendant’s financial standing, and due to the discontinuance of construction, 45,600,000 temporary rents (hereinafter “instant rents”) were additionally incurred to the Plaintiff.

The Defendant would directly pay the instant rent to the Plaintiff. As the Plaintiff completed the construction, the Defendant is obligated to pay the Plaintiff the instant rent of KRW 45,60,000 according to the instant direct payment agreement.

B. According to the evidence mentioned earlier, witness D’s testimony, and evidence No. 3-1, the Defendant’s additional statement to D around January 12, 2018.

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