장비사용료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The Plaintiff asserted that, at the construction site ordered by the Defendant, the construction company B, which is the principal contractor, performed the construction work after receiving sewage for the rental of construction equipment and civil engineering work, etc., and the Plaintiff incurred KRW 8,514,000 to B, and the Plaintiff drafted the “Agreement on Direct Payment of Subcontract Price (Direct Payment)” with the above B on August 19, 2014 and submitted it to the Defendant who is the ordering person and received the direct payment promise from the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff KRW 8,514,00.
First of all, as to whether the Defendant agreed to pay the Plaintiff the equipment fee directly to the Plaintiff, the entries of the evidence No. 1, No. 4, and No. 5 with the witness of the first instance trial and the witness of the first instance trial alone are insufficient to recognize it. Since there is no other evidence to acknowledge it, the Plaintiff’s claim is without merit without examining other points.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.