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(영문) 창원지방법원 진주지원 2018.09.06 2018가단1038

장비사용료 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a third party of C’s external village.

B. The Defendant tried to construct a new building on the land outside D and three parcels in South-west Sea-gun (hereinafter “instant land”).

C. From November 2013 to January 2014, the Plaintiff entered into a contract with the Defendant’s agent C to perform civil engineering works for the construction of the instant land (hereinafter “instant construction works”) (hereinafter “instant contract”).

(A) Although the Plaintiff asserts that the contract entered into with the Defendant is merely a contract for equipment leasing, the Plaintiff entered into a contract with the Defendant, and used their equipment with the Defendant, and performed civil engineering works by using them, and the Defendant or C was deemed to have worked as civil engineering works for the Plaintiff outside of the civil engineering works, the said contract appears to have been a contract for equipment leasing works rather than a contract for equipment leasing works.

The plaintiff completed the construction work around November 30, 2014.

[Reasons for Recognition] Unsatisfy Facts, entry of evidence No. 5, testimony of witness C, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted 1) The Plaintiff initially agreed with the Defendant to set the construction cost of KRW 140 million as the original construction cost (excluding value-added tax) and entered into the instant contract, and the additional construction is required for the additional construction. The Defendant paid KRW 110 million out of the total construction cost of KRW 23.5 million to the Plaintiff and paid KRW 93 million to the Plaintiff. Of the construction business operators participating in the instant project, the Plaintiff is obligated to pay KRW 60 million to the Plaintiff. Accordingly, the Defendant is obligated to pay KRW 330 million to the Plaintiff as the Defendant subrogated to the Plaintiff in relation to the instant contract, and thus, the Defendant is obligated to pay KRW 30 million to the Plaintiff.

B. The defendant's representative C of the defendant's 1 main defense at the 1st century in spring in 2016, the plaintiff and the plaintiff's punishment F.