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(영문) 대구지방법원 2020.10.21 2019나322840

장비사용대금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. On August 2018, the Plaintiff asserted that the Defendant would pay the Plaintiff the cost of using equipment for patrolmen. The Defendant requested the Plaintiff to carry out the work of transporting earth and sand and suspending land, and the cost of using equipment therefrom are as listed in the following table.

On August 4, 2018, the date details (won) of which are 385,00 access roads to 06ws on August 4, 2018, the excavation searcher on August 5, 2018 605,000 from August 5, 2018, three dump 15 tons transport of 15 tons on August 5, 2018 and 03 dump 1,320,000 dump 3 on August 5, 2018 and August 5, 2018, 605,06 dump dump 606ws on August 7, 2000, 15 tons transport of dump 15 tons on August 7, 2018, 000 dump 1,320,000 dump 205,205 205.

2. The judgment is based on the following facts: (a) the Plaintiff is a construction business operator of the trade name of “C”; (b) the Plaintiff’s husband, substantially operated “C”; and (c) the fact that D used equipment such as digging machines and other devices on the land in the E farm located in the old-si E farm in the U.S. operation of the Defendant for a period as alleged by the Plaintiff does not conflict between the parties; or (d) according to the written evidence No. 1 and No. 2

However, in light of the Plaintiff’s assertion that D had been paid the cost of using equipment from the Defendant, it is difficult to believe that the Plaintiff’s assertion was made solely on such evidence, and there is no other evidence to acknowledge the Plaintiff’s assertion in light of the following: (a) each statement of evidence Nos. 2 (Recording); (b) Nos. 11-1 (G); (c) there exists no agreement on the use of the instant equipment; and (d) daily work status certificate, etc., consistent with the Plaintiff’s assertion; and (b) each statement of evidence Nos. 8 through 12 (including all where the number is available); and (c) witness H and witness I of the first instance trial; or (d) there is no other evidence to prove it otherwise.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed.