(영문) 서울동부지방법원 2018.10.24 2018나22444

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자간(%)

(영문) 서울동부지방법원 2018.10.24 2018나22444

건설기계임대료

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 18, 2016, the Defendant entered into a contract (hereinafter “instant contract”) with Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) by setting the total construction cost as KRW 2,919,914,00 (the total construction cost was finally changed to KRW 2,496,440,000 on January 3, 2018) with respect to “C New Construction Works” (hereinafter “instant contract”).

B. Around that time, the Plaintiff entered into a construction machinery rental agreement with the Nonparty Company (hereinafter “instant rental agreement”), and leased the Plaintiff’s flag from September 8, 2016 to April 27, 2017 at the construction site of this case.

C. Meanwhile, on March 21, 2017, while the non-party company delayed the payment of the loan under the instant loan agreement, the non-party company: (a) around March 21, 2017, paid 10,340,000 won for the loan under the instant loan agreement (including value-added tax) that occurred up to that time to be directly paid by the Defendant, who is the ordering person of the instant construction project; and (b) prepared a letter of agreement with the Defendant to dispose of the loan amount that occurs in the future after consultation with the Defendant; and (c) notified the Defendant on the same day.

After that, the Plaintiff is above C.

If the non-party company continues to pay the loan amount without receiving the loan amount stated in the Paragraph, on May 21, 2017, it sent a request for direct payment to the defendant for the direct payment of KRW 18,260,000 (including value-added tax) under the loan agreement of this case.

E. As of May 25, 2017, the Defendant sent to the Plaintiff a reply to the effect that, in the event that the payment for the completed portion of the non-party company was made after the next year in accordance with the letter of agreement under Articles 34(2) and 35(2)5 of the Framework Act on the Construction Industry and the letter of agreement of this case already received, the Defendant would pay the loan amount included in the completed portion to the Plaintiff

[Reasons for Recognition]

참조조문

-건설산업기본법 제34조 제2항

-건설산업기본법 제35조 제2항 제5호

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