장비사용료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff is a person engaged in construction machinery rental business under the trade name “C” in Daegu-gu B, and the Defendant is a company engaging in construction business.
B. The Plaintiff: (a) leased the excavation season at the site of the Daegu Dong-gu New Housing Construction Corporation (hereinafter “instant construction”) that the Defendant contracted from March 2015 to May 2015; (b) however, the rent is KRW 7,018,000 in total.
C. In the course of the Plaintiff’s lease of a cutter at the instant construction site, a total of 13 construction machinery lease agreement was prepared.
(hereinafter referred to as “each of the instant contracts”). Each of the instant contracts was written by the Plaintiff at the construction site of this case by completing the work, and, except for one of those, all except for one part, the Defendant’s trade name is indicated in the “work confirmation company” or “Lessee,” and all of them, except for two copies, signed and sealed E at the bottom.
(s) Chapter 2 is signed and sealed by F. D.
A bulletin board is installed at the construction site of this case stating the following:
The name of construction guide: The construction period of new construction works of D multi-family housing: The order office from March 17, 2015 to November 30, 2015: The defendant field manager: The defendant field manager: the fact that there is no dispute over the ground for recognition: the statement in Gap evidence 1 through 3 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Determination on the defense prior to the merits
A. The defendant asserted that all of the contracts of this case submitted by the plaintiff were written in H or I, not all of which are the plaintiff, and the plaintiff cannot claim the rent for the search period based on the above contract, and therefore, the plaintiff has no standing to be a party to the lawsuit of this case.
As to this, the Plaintiff is not the Plaintiff, but H or I is a lessor in each of the instant contracts.