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(영문) 서울중앙지방법원 2021.02.18 2019가단5232492

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is a person who operates the equipment leasing business under the trade name of "C", and the defendant was constructed at the defendant's request around August 2016.

D. Although the Defendant provided large caters and other equipment at the dormitory site, the Defendant did not pay the remainder of KRW 4,6755,000 (including value added tax) out of the equipment usage fees of KRW 3.3 million and did not pay the remainder of KRW 4,675,00 (including value added tax). Therefore, the Defendant sought reimbursement against the Defendant for the unpaid equipment usage

2. As to the plaintiff's assertion, the defendant paid all the fees for the use of the equipment, such as C, from the plaintiff. In this case, the plaintiff's assertion that the fees for the use of the equipment unpaid are not the equipment fees for the transaction between the defendant and the plaintiff, but the defendant's sewage-oriented company, and the defendant is not responsible for the above unpaid equipment fees (the defendant's explanation that the defendant's introduction to the plaintiff is only the fact that the plaintiff was made). Ultimately, the issue is whether the party to the transaction of the unpaid equipment, as alleged by the plaintiff can be recognized as the defendant, and it is difficult to believe that the testimony of the actual operator of C, "C," with the plaintiff's husband as the plaintiff's husband, who could be consistent with the plaintiff's argument, is insufficient to recognize the plaintiff's assertion, and there is no sufficient evidence to prove otherwise.

3. Conclusion against the Plaintiff