운임대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. Facts of recognition;
A. The plaintiff runs a transport business under the trade name of "B", and the defendant is a company that runs a construction business.
B. From May 27, 2011 to October 3, 2011, the Plaintiff provided the Defendant’s work site located in Sacheon-si C, etc. on several occasions and performed the work of transporting materials, etc.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion at the defendant's request that the plaintiff provided Kacra truck at the defendant's work site and carried out material transport, etc., and after the work, confirmed by the defendant's employees, the defendant is obligated to pay 8,150,000 won and damages for delay to the plaintiff.
B. The plaintiff asserted that the defendant provided the Kacr truck to a place other than the defendant's work site, and if the plaintiff provided the Kacrick truck at the defendant's work site, the plaintiff provided the Kacrick truck to D at the request of D, so the defendant is not obligated to pay the Kacr Truck user fee.
3. Determination
A. We examine whether the defendant's liability for paying the user fee of the defendant's Kacke truck, Gap's 1, 2, 4, and 5 (including paper numbers) can be recognized by adding the whole purport of the pleadings to each of the following circumstances. In other words, ① the plaintiff's request for a business registration certificate to confirm the construction company at the construction site where the construction site where the plaintiff provides the Kacke truck, which states the defendant's e-mail address on February 14, 201 and September 7, 2012, the defendant sent the business registration certificate to the plaintiff by facsimile stating the defendant's e-mail address, ② the "C" which is the place where the plaintiff provided the Kacke truck and transported materials is the defendant's work site, ② the "C" which is the place where the plaintiff provided the Kacke truck," and ③ the written confirmation of the work in this case (Evidence No. 4) is stated as the use company of the Kacke truck