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(영문) 대구지방법원 2015.09.11 2015나3332
자재인도및사용료
Text

1. In accordance with the claim that was changed in exchange at the trial, the Defendants are jointly and severally liable to the Plaintiff for 84,685,050 won.

Reasons

1. Basic facts

A. On November 15, 2010, the Defendants entered into a subcontract with C Co., Ltd. (hereinafter “C”) on the construction cost of reinforced concrete construction among the said construction work (hereinafter “instant construction work”) with respect to the F facilities construction in the Army Central Security Group of Korea (hereinafter “C”). From November 15, 2010 to October 31, 201, the Defendants entered into the said subcontract (hereinafter “instant subcontract”).

B. On November 28, 2010, C entered into a lease agreement between the Plaintiff and C on the lease of temporary materials necessary for the instant construction from the Plaintiff (hereinafter “instant lease agreement”) by setting the contract deposit of KRW 30,000,000 and the rent [basic fee x the number of days of use x the number of days of use].

C. According to the instant lease agreement, the Plaintiff supplied the temporary materials indicated in the attached Table 1 at the instant construction site from December 3, 2010 to April 9, 2011 (hereinafter “instant temporary materials”). D.

C On April 9, 201, upon being supplied with the instant temporary materials by the Plaintiff, the instant construction was carried out after receiving the building materials from D (hereinafter “D”), C, C, and B, B, and B, B, Co., Ltd. (hereinafter “S”) (hereinafter “C,” and “D, etc.”; hereinafter, “D, etc.”), and the Defendants and the construction costs were suspended on July 201 and completed the construction at the construction site.

Accordingly, on July 30, 201, the Defendants agreed to settle the cryption between C and C, and to waive the remaining parts of the instant construction work.

E. The Defendants are supplied with temporary materials for construction, such as additional water pumps from D, etc., and implement the remaining parts of the instant construction project on December 201.

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