(영문) 인천지방법원부천지원 2019.02.15 2018가합102156

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(영문) 인천지방법원부천지원 2019.02.15 2018가합102156

공사대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are both companies whose purpose is construction business.

B. On March 13, 2013, the Plaintiff and the Defendant concluded a subcontract for construction works with the subcontractor, Defendant, and the contract amount of KRW 517,705,00 (value 17,050,000, value-added tax amount of KRW 17,705,000, value-added tax amount of KRW 322,950,000) with respect to steel and concrete construction works (hereinafter “the subcontract contract of this case”) among the new construction works of building E on each land of Dobong-gu Seoul and D (hereinafter “instant subcontracted construction works”).

C. On March 15, 2013, the Plaintiff leased a container for on-site office (3m x 6m) from F to 150,000 won per month for rent and five months for the lease term (hereinafter “the lease agreement of this case”). On March 22, 2013, the lease term was set from G Co., Ltd. to 89,397,000 won for temporary materials listed in the list (hereinafter “temporary materials in this case”) from G Co., Ltd. from March 22, 2013 to August 21, 2013, and the contract amount was set at 89,39,397,00 won for lease [the supply price is 81,270,00 won for value-added tax, 8,127,000 won for value-added tax, 127,000 won for value-added tax x 90,030 won for lease (hereinafter “the above lease agreement”).

According to Article 5 of the instant temporary re-lease agreement, the basic rent shall be claimed in proportion to the construction area (a reasonable amount) as at the end of the month, and the additional rent shall be claimed on a monthly basis for the materials continuously used at the site after the contract period after the contract period, on a monthly basis (number of lease days x lease rate). A claim shall be made in accordance with the destruction charge table for the damaged materials, etc., the quantity of which is impossible to be returned or which cannot be repaired after the completion of use, or the unused materials after the use of the on-site leased materials.

In addition, the temporary property of this case is leased.

유사 판례

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