장비사용료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. From September 30, 2015 to October 25, 2015, the Plaintiff: (a) contracted by the Defendant from the Hoban Construction Co., Ltd. (hereinafter “ Hoban Construction”); and (b) contracted by the Defendant for the construction of Hoban Construction Co., Ltd. (hereinafter “ Hoban Construction”); and (c) performed the construction of Hoban Transport at the new site B and C, the Defendant is obligated to pay the Plaintiff KRW 68,095,
B. On September 4, 2015, the Defendant subcontracted a private transport construction work to the Seongdong Heavy Co., Ltd. Co., Ltd. (hereinafter “C&D”) with respect to the new construction work contracted by Defendant Hocom Construction, and paid the price in full. The Plaintiff requested the installation of a used equipment again from the Seongdong Heavy Heavy Co., Ltd. (hereinafter “C&D”) and put the equipment into the construction site at the above site.
Therefore, the defendant does not bear the obligation to pay the user fee of equipment to the plaintiff who is not the contracting party.
2. The plaintiff is seeking the payment of equipment user fees on the ground that the subcontract was entered into with the defendant on the land transport construction work. We examine whether the subcontract was entered into between the plaintiff and the defendant.
In light of the following circumstances that are acknowledged by comprehensively considering the statements in Gap evidence 2, 9, Eul evidence 1, and witness D's testimony as follows, it is insufficient to acknowledge the fact that the above subcontract was concluded between the plaintiff and the defendant, and there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's above assertion is without merit to examine the remainder of the issue.
① On September 4, 2015, the Defendant awarded a contract for the construction of a new apartment with Hocom Construction, and subcontracted the construction of a private soil transport project among the above construction works during the sub-contractor period. On December 4, 2015, the Defendant paid KRW 324,683,260 as the price for the construction of a private soil transport project during the sub-contractor period.
On the other hand, the plaintiff is at the construction site at the request of Seongdong-gu.