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(영문) 서울고등법원 2016.04.08 2015나4926

장비대여금

Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. A. A contracting relationship, the subcontractor-related Defendant and the Posco Engineering Co., Ltd. (hereinafter “Posco Engineering”) concluded a contract with the Korea Land and Housing Corporation for construction works of construction works of construction works of construction works of construction works of construction works of construction works of construction works of 24,723,160,000 in Suwon-si Line B and two roads from the Korea Land and Housing Corporation, and the contract period from May 27, 2011 to November 15, 2013. C concluded a subcontract with the Defendant and Posco Engineering with the subcontract agreement of construction costs of 11,396,00,000,000 in total and from September 26, 2011 to May 30, 2013 (hereinafter “instant construction works”).

B. Following the following [the description of claims for fees for leasing equipment] [the list of claims for fees for leasing equipment] “creditors” (hereinafter collectively referred to as “creditors of this case”) is the 15 persons indicated as “creditors” (hereinafter collectively referred to as “creditors of this case”) who run construction machinery leasing business at Suwon-si and entered into a construction equipment leasing agreement with C around August 2013, and the construction equipment leasing claim amounted to each amount indicated as follows (the list of claims for fees for leasing equipment) on the construction site of this case. However, it was not received from C.

[Attachment of Claim for Equipment Rental Fee] 1D (E) 29,945, 27,23,000 2F (G) 11,605,500 1,210,210,000 3H (E) 1,815,000 1,600 1,650,650 1,650,000 500 11,467,5000 500 11,467,500 400 630,425,006 750,000 750,000 11,4630,305, 309, 3050, 305, 305, 308, 405, 305, 308, 3005, 405, 3008

C. The instant case is a preparation of a payment confirmation, issuance of a construction site, and assignment of claims.