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(영문) 수원지방법원 2018.12.21 2017나80011
가설재임대료등
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

Basic Facts

The plaintiff is a business operator who operates construction materials leasing business, etc. in the trade name of "C" (Evidence A No. 1), and the defendant is a corporation whose business purpose is stone construction business, engineering work business, etc.

On September 1, 2015, the Defendant entered into a subcontract for construction works (hereinafter “instant subcontract”) with B, a personal construction business operator, stating that “The Defendant, the original recipient of the construction works for the new facilities of the Gu-U.S. D.D., subcontracted the instant construction works to B for construction cost of KRW 640,00,000” (hereinafter “instant subcontract”).

(B) As of September 5, 2015, as of September 5, 2015 between the Plaintiff, B, and the Defendant, a contract for the lease of temporary materials (Evidence A 2; hereinafter “instant lease contract”) stating that “the Plaintiff leases the temporary materials owned by the Plaintiff to the instant construction by setting the rental fee of KRW 60,640,00 and the rental period of KRW 60,640,00 from September 1, 2015 to February 28, 2016, and the Defendant is jointly and severally liable for all contractual obligations, including the rental obligation to the Plaintiff for the said temporary materials.”

The lease contract includes the following provisions:

Article 3 (Period of Lease) Where no special declaration is made in any of the parties 15 days before the expiration of the term of lease, the term of the lease shall be deemed automatically extended.

Article 9 (2) Termination of a contract shall be established by returning leased articles in accordance with the terms of the contract to a designated place by a lessor, and a claim shall be made by adding up the loss and loss of materials to the final rent for claim based on the date on which the return is completed.

Article 12 (Joint Guarantee) (1) A Joint and Several sureties shall guarantee all the contractual responsibilities under B, such as the payment of rent (including approval of a bill of commitment), the return of leased goods, and the payment of the cost of loss when the return is

The Plaintiff from July 2015 to February 21, 2016, is under the influence from the construction site of this case.

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