물품대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C, as an individual entrepreneur engaged in construction business, borrowed a construction license from Defendant B with the pertinent construction license to accept the instant construction of reinforced concrete among the said construction works (hereinafter “instant construction”) from Defendant Hoil Construction awarded a contract for D new construction works ordered by the Korea hydroelectric Energy Corporation (hereinafter “instant construction”). On April 9, 2012, Defendant Hoil Construction and the instant construction subcontract was concluded in the name of Defendant B.
B. On April 12, 2012, the Plaintiff leased temporary materials, such as water pumps, to be used at the instant construction site (hereinafter “instant lease”). At the time, the instant lease contract (Evidence A 1) was made by the lessee, stating Defendant B and E as the lessee, affixed a seal with only the “representative director” as one of the lessees without a trade name indication, and as the on-site agent, C is written.
C. The Plaintiff leased and sold temporary materials at the construction site of this case pursuant to the instant lease agreement.
C while continuing the instant construction, the construction was suspended on August 11, 2012, and Defendant Hoil Construction terminated the instant construction subcontract on December 4, 2012 and directly proceeded with the instant construction work from around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, 6, 7 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion (1) concluded a lease agreement with the Defendant B on behalf of the Plaintiff, and leased and sold temporary materials, etc. to the Defendant B, Defendant B is obligated to pay the Plaintiff the remainder of KRW 219,36,060 (234,693,790 - 15,327,730 (234,693,790 - 15,327,730) after deducting the rental fee and sales proceeds from KRW 234,69,790.
(2) Home C has the authority to conclude the instant lease contract under the name of Defendant B.