(영문) 수원지방법원 2019.05.17 2018나3950 | 리걸엔진

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(영문) 수원지방법원 2019.05.17 2018나3950

건설자재대여료 청구

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The plaintiff is a company that runs the temporary materials leasing business, and the defendant is a private entrepreneur who runs the construction business in the Gwangju City of Gyeonggi-do.

As of May 9, 2016 between the Plaintiff and the Defendant, a contract for the lease of temporary materials with the purport that “the Plaintiff leases the said temporary materials, such as pipes, to the Defendant (hereinafter “the instant temporary materials”), and the Defendant shall settle the rent and pay it to the Plaintiff as of the end of each month (hereinafter “the above lease contract”).

(A) From May 9, 2016 to October 14, 2016, the Plaintiff supplied the instant temporary materials, etc. owned by the Plaintiff to the construction site located in the original city door (hereinafter “instant construction”) designated by the Defendant in accordance with the instant lease agreement from May 9, 2016 to the construction site of the original city door (hereinafter “instant construction”).

(A) No. 2-1 to 6. 【No. 2-1 of the Certificate, No. 1, No. 2-1 to 6, and No. 3, the Plaintiff asserted that the parties concerned have concluded a lease contract with the Defendant, and accordingly, supplied the instant temporary materials to the Defendant, but did not receive KRW 17,31,005 out of the rent from the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff 17,311,005 won and damages for delay.

The defendant asserted that the defendant introduced C that had been engaged in the instant construction work to the plaintiff on April 2016, and thereafter entered into the lease contract with the plaintiff on behalf of C, and did not receive any temporary material from the plaintiff, and the other party to whom the above temporary material was supplied by the plaintiff is not the defendant but C.

In addition, the sum of rent for the temporary materials of this case supplied by the Plaintiff to the construction site of this case is not KRW 17,311,005, but KRW 13,636,055.

Judgment

A disposal document shall be deemed to have been established.

유사 판례

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