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(영문) 수원지방법원 2018.06.29 2017가단505243
건축에관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant ordered D Co., Ltd. (hereinafter referred to as “D”) with respect to the instant construction work as the executor of the Daegu-gu Ctel New Construction Work (hereinafter “instant construction work”). D subcontracted to E with respect to the civil engineering work during the instant construction work, and D provided re-subcontract to F, and around June 1, 2015, F provided re-subcontract to the Plaintiff, and the Plaintiff provided re-subcontracts to the Plaintiff, thereby doing construction of provisional facilities, including the sn beam beam beam, etc. at the construction site of the instant case.

Around September 1, 2015, the Plaintiff entered into a sub-subcontract of the instant construction works with E and the Plaintiff, and the construction materials, such as sn beam beams invested by the Plaintiff, were leased until the end of March 2016.

Since October 2015, G actually operated E established H around October 2015, H succeeded to the status of the subcontractor for the instant construction project.

On November 2015, the Plaintiff entered into an additional contract with H and a set of KRW 54,00,000 for the cost of the construction work at H and a set of six months for the rental period and completed the said construction work.

H did not pay the Plaintiff the cost for the construction of the household facility, and eventually the Plaintiff suspended the construction.

The Plaintiff sought the return of input materials from the construction site of this case to the Defendant, but the Defendant without permission used them, and left them without permission after removal of household facilities, and the Plaintiff returned the materials to the Plaintiff on July 24, 2017, and did not much exceed the amount to be returned to the original owner.

B. 1) The Defendant, without any agreement with the Plaintiff, is a facility material and a double trial material owned by the Plaintiff (hereinafter “instant construction material”).

(2) If the Defendant is not the management entity of the instant construction materials, H that subcontracted to the Plaintiff is the management entity.

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