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(영문) 대전지방법원서산지원 2017.12.19 2017가단50206

건설기계대여금 청구의 소

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1. Defendant N Co., Ltd.: The amount corresponding to the amount stated in the attached Table column and each of them on April 6, 2017.

Reasons

1. Facts of recognition;

A. Defendant Construction Co., Ltd. (hereinafter “Defendant Construction”) was awarded a contract as of May 2014, for the construction cost of the O general industrial complex construction project from the Seosan City, U.S. Co., Ltd., Ltd., U.S., U.S., and U.S. Co., Ltd. (hereinafter “instant construction project”). From May 2014, the construction cost of the O general industrial complex construction project was determined and awarded as from May 7, 2014 to September 14, 2016.

B. On March 21, 2016, Defendant N Co., Ltd. (hereinafter “Defendant N”) was received from Defendant M Co., Ltd. (hereinafter “Defendant M”) as the subsidiaries of the Defendant M Co., Ltd. (hereinafter “Defendant M”) for construction cost of KRW 1,109,90,000, and for construction period of KRW 1,109,90,000, and from March 21, 2016, the construction period of which was determined and received as June 30, 2016.

Defendant N and Defendant Construction changed the construction details and construction period several times, and finally, on September 12, 2016, the end of the construction period was changed to KRW 1,293,600,000, respectively.

P, the representative director of Defendant M, was an individual qualification and jointly and severally guaranteed the obligation of Defendant N to Defendant N.

C. The Plaintiffs leased heavy equipment to the instant structure construction.

[Ground of recognition] Facts without dispute, Gap evidence 5, Gap evidence 8, Gap evidence 9, Eul evidence 4 through 8, the fact inquiry results against the Seosan City of this court, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' assertion 1) The defendant M was subcontracted the instant construction work from the defendant Y, but the subcontract was concluded in the name of another company. Qua and P, the director of the site of the defendant Y, the defendant Y, requested the plaintiffs to rent heavy equipment at the site of the instant structure construction while actually performing the instant construction. 2) However, the defendant M began to delay the payment of rent to the plaintiffs around March 2016, and the defendant Y paid rent directly to the plaintiffs.