beta
(영문) 전주지방법원 2016.04.21 2015나3245

건설기계사용료

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who operates construction machinery business under the trade name of “B,” and the Defendant is a person who operates forest business and construction work, and the Defendant was changed to KRW 187,224,000 for the construction work price from Jeollabuk-do on March 21, 2013 (the construction work price after delay was changed to KRW 163,108,000 for the construction work price).

(D) The construction of the “D Project” of the Namwon-si, South Won-si (hereinafter referred to as the “D Project”).

(2) The Plaintiff was awarded a contract. From June 1, 2013 to August 21, 2013, 2013, 450,000 won per day from June 1, 2013 to August 21, 2013.

3) Under the direction or supervision of G, which supervised the overall construction site as delegated by the Defendant, F, a field agent, has signed the Plaintiff’s “B (construction machinery lessee) field manager” as stated in the “Construction Machinery Lease Agreement and Work Confirmation Certificate (Evidence A2)” prepared by the Plaintiff, with respect to the content of the work on the day to the Plaintiff, and the content stated in the above certification is as follows: D prime contractor: The content of the work on the spot: The total work on the mountain: KRW 450,00 [The fact that there is no ground for dispute over recognition, evidence A, evidence A, evidence B, evidence B, evidence B, and 3, testimony of witness F of the first instance trial, and the purport of the entire pleadings:

B. In full view of the F and G, the relationship with the Defendant, and the details of the “Construction Machinery Lease Contract and Work Confirmation Certificate (Evidence A 2)” recognized by the above fact of recognition, and the background and content of the signature, it is reasonable to deem that the Defendant entered into a contract with the Plaintiff on the terms that the Plaintiff lent the scke from the Plaintiff to the construction site of this case and pay the Plaintiff KRW 450,000 per day fee (hereinafter “instant contract”).

Therefore, the Defendant’s total amount of KRW 9,450,00 (i.e., 21 days x 450,000 won for daily equipment) to the Plaintiff, as sought by the Plaintiff, and on the last day of entry of the click at the construction site of this case.