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(영문) 서울동부지방법원 2020.02.12 2018나31653
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 4, 2016, the Defendant awarded a contract with the F Co., Ltd. (hereinafter “F”) for a new construction of collective housing (hereinafter “instant construction site”) that the said company proceeds from Gangwon-gu Seoul (hereinafter “the instant construction site”) and subcontracted the relevant construction cost of KRW 3.2 billion to E (hereinafter “E”).

B. On February 24, 2016, the Plaintiff concluded a lease agreement with E for temporary materials and supplied temporary materials at the construction site of this case.

C. E did not timely pay the Plaintiff the rent for the temporary materials, and the Plaintiff discontinued the supply of the temporary materials at the construction site of this case around June 30, 2016.

Accordingly, on July 29, 2016, the Defendant and F agreed to pay rent for temporary materials directly to the Plaintiff, and on July 29, 2016, the Plaintiff drafted a modified contract for the lease of temporary materials with the content that the Plaintiff would be directly paid rent from F (Evidence A).

On the other hand, on December 1, 2016, the Defendant agreed to suspend the contract for molding construction works between E and settle the construction cost at KRW 3,039,595. From that time, the Defendant directly performed molding construction works at the instant construction site and leased and used temporary materials from the Plaintiff.

E. The rent for the temporary materials supplied by the Plaintiff to the construction site of this case from July 2016 is as indicated in the following table in the “the details of the generation of rent,” and F and the Defendant directly paid the Plaintiff rent as indicated in the “the details of the reimbursement of rent,” in the following table:

[Units: The payer of the amount paid on July 30, 2016, the date of payment of the unpaid rent (including value-added tax) due to the date of occurrence of the accrued rent (including the amount of value-added tax) from the date of payment of the unpaid rent; 30,308,008,008 F-F - August 19, 2016; - 45,129,932F - 30,129,932F - 317,593,593,290 on September 17, 2016, 2016; 87,593,290; - F 40,00 F - 10,713,560, Nov. 18, 2016; 196, 207; 1967; 196, Oct. 16, 2016;

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