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(영문) 전주지방법원 2019.09.27 2018나5280
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant (excluding the part expanded by this court) is in this court.

Reasons

1. Summary of the cause of claim;

A. On May 3, 2013, the Plaintiff entered into a contract with E High School Relocation Corporation (hereinafter “instant construction”) located in B and B (hereinafter “instant construction”) to lease water pumps and other provisional materials (hereinafter “instant temporary materials”) at the site of E High School (hereinafter “instant construction”) (hereinafter “instant lease contract”) and used the instant temporary materials in the name of “G” from May 30 to July 31, 2013 at the site of the instant construction, and leased the instant construction materials and incurred rent of KRW 20,948,267, and did not receive rents from the Defendant and did not receive rents from the Defendant. As such, the Defendant paid the Plaintiff rent of KRW 20,948,267, and delayed payment damages calculated at the rate of 30,000,000,000 won as shown in attached Form 1 until July 31, 2013.

B. Since the Plaintiff entered into a contract to sell construction materials to be used in the instant construction to the Defendant (hereinafter “instant material sales contract”) and sold construction materials equivalent to KRW 19,483,450 as shown in attached Table 2, the Defendant is obliged to pay the said construction materials price and delay damages from June 1, 2014 to the Plaintiff.

2. Determination

A. In full view of the facts that there is no dispute over the claim for the rent for temporary materials, and the purport of Gap evidence Nos. 1, 2, 5, 7, and Eul evidence Nos. 8 through 9, the defendant was awarded a subcontract for the instant construction from the limited liability company F (hereinafter "F") on May 21, 2013, and the plaintiff entered into a lease contract with the defendant under the name of the plaintiff H, and leased the instant temporary materials from May 30, 2013 to July 31, 2013, and leased the instant temporary materials as shown in attached Table 1; the rent from August 1, 2013 to August 31, 2013 is 20,948,267; and the rent from August 1, 2013 to August 30, 2013 as listed in attached Table 3.

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