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(영문) 수원지방법원 평택지원 2017.02.03 2016가단4018
자재임대료등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On March 26, 2015, the Plaintiff entered into a contract with the Defendant to lease construction materials, such as water pumps, at the construction site D located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant construction materials lease contract”). Accordingly, the Plaintiff leased construction materials to the Defendant between the aforementioned temporary date and November 2015, and the Defendant did not pay the Plaintiff a total of KRW 48,838,700 in terms of materials, rent, transportation cost, etc. regarding the instant construction materials lease contract.

B. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 48,838,700 and delay damages for the unpaid construction materials and rents, etc.

2. In full view of the following facts: (a) the Plaintiff and the Defendant concluded a lease contract for construction materials of this case, even though it is deemed that the Plaintiff and the Defendant concluded a lease contract for construction materials of this case; (b) the evidence alone submitted by the Plaintiff is insufficient to recognize the rent, etc. for the unpaid construction materials of this case; and (c) there is no other evidence to acknowledge it; and (d) the Plaintiff’s assertion is without merit without further review.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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