beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the statements in Gap evidence Nos. 1, 3, 4, 6, and 8, Eul evidence Nos. 1, 3, 4, and 6 (including paper numbers), and some of the testimonys C and D as a whole.
The plaintiff is a person operating a temporary material leasing business, etc. with the trade name of "E", and the defendant is a company operating a construction business, etc.
B. Around August 10, 2012, the Defendant received a subcontract for construction works from the non-party Hanyang Construction Co., Ltd. among the F Civil Works ordered by the Korea Rural Community Corporation. At that time, the Defendant re-subcontracted the part of the Integrated Control Center’s reinforced concrete construction in the said construction work sector (hereinafter “instant construction”). On September 17, 2012, the Plaintiff entered into a lease agreement with G to lease necessary temporary materials at the instant construction site (hereinafter “instant lease agreement”). At the time, the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the instant lease agreement with G.
C. Under the instant lease agreement, the Plaintiff supplied each of the temporary materials equivalent to KRW 7,766,00 for monthly rent on September 15, 2012, and KRW 2,793,100 for the monthly rent on September 23, 2012. On September 28, 2012, the Defendant paid KRW 10,559,10 for the said temporary materials supplied to the Plaintiff as above and KRW 11,615,010 for the monthly rent of KRW 1,615,00 for the said temporary materials, and around October 5, 2012, the Plaintiff additionally supplied the monthly rent of KRW 1,105,00 for the instant construction site.
The Defendant, around early October 2012, introduced the non-party limited liability company H (hereinafter “H”) holding a license for reinforced concrete construction business from G to enter into the instant subcontract with H, and the lessee of the instant lease agreement from G to H even between the Plaintiff and the Plaintiff.