장비대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Based on the facts, from January 27, 2012 to April 5, 2012, the Plaintiff installed construction equipment, such as digging machines, owned by the Plaintiff, to the construction work on the construction site development project for Class B wood field park (hereinafter “instant construction work”) and the 308 line subordinate to agricultural and fishing village roads (hereinafter “instant 2 construction work”) where the safety company (hereinafter “Nonindicted Company”) entered into a standard subcontract for construction works with the Defendant Company.
The costs of equipment leasing which the Plaintiff had not received during the above period (hereinafter “instant equipment costs”) are KRW 26,697,00 in total.
On April 2012, when the non-party company was unable to perform its obligation for the subcontract price, the defendant directly paid the subcontract price to the subcontractor who invested human resources and equipment in the first and second works of this case from April 17, 2012 upon receiving a demand for direct payment of the subcontract price from the non-party company.
On August 20, 2012, Nonparty Company filed an application for rehabilitation with this Court 2012 combined28, and this Court decided to discontinue rehabilitation procedures on May 15, 2013 and completed rehabilitation procedures.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 11, 17 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 5, 9, 10, and 11, Eul witness E of the court of first instance agreed to pay the equipment cost of this case directly to the plaintiff by agreement between the plaintiff, the defendant, and the non-party company's assertion of the purport of the whole arguments, and the plaintiff's assertion of the purport of the whole arguments. Even if not, since the bankruptcy or other similar causes have occurred to the non-party company, the defendant is obligated to pay the equipment cost of this case to the plaintiff pursuant to Article 14 (1) 1 of the Fair Transactions in Subcontracting Act (hereinafter "subcontract Act").
The defendant's assertion does not have any agreement with the plaintiff and the non-party company to pay the cost of the instant equipment directly to the plaintiff.