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(영문) 대구고등법원 2018.12.20 2018나20140

건설장비임대료

Text

1. Of the parts pertaining to the Appointers of the first instance judgment, the Defendant lost in excess of the amount ordered to be paid below.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, except for the addition or dismissal of a part as follows. Thus, this is acceptable pursuant to the main

2. Following the 4th 12 statement of the first instance judgment in the 4th 12 statement of “A evidence 19-3, A evidence 22” in the 4th 12 statement of the first instance judgment, “The testimony of this court witness E” is added to “the testimony of this court witness E” after the 4th 14th 14th , and “B evidence 1, 2, and 6 evidence” is added to “B evidence 10-16 (including paper numbers)”.

The following shall be added to 5 pages 14 of the judgment of the court of first instance.

A witness BB of this Court, engaged in the No.S. construction equipment leasing business, provides that “The business of transporting sand by dump trucks, such as the Plaintiff’s work, is often suspended depending on the on-site circumstances, such as the conditions of the site where the Plaintiff is involved. If the business is suspended due to drinking water, the Plaintiff’s equipment rental business operator is paid only the usage fee for drinking water transported by preventing him/her from doing any work to another place. Therefore, the equipment rental business operator testified to the effect that he/she will enter into a contract without entering into a hot water supply contract, and the following is added to the 18th page following the first instance judgment of the court.

3) As the Defendant agreed not to receive the construction equipment usage fee of KRW 1,068,00 from the Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) on February 19, 2018, and agreed not to receive the construction equipment usage fee of the Defendant, etc., the Defendant may not claim against the Defendant for the instant construction equipment usage fee.

Even if such an agreement is not acknowledged between the Defendant, Y is the Defendant’s fee of KRW 1,068,00 from the Hyundai Construction on February 19, 2018.