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(영문) 대구지방법원 서부지원 2017.02.16 2016가단10852
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The basic fact is that the plaintiff is engaged in the wholesale and retail business and lease business of building materials under the trade name B, and the defendant is a company established for the purpose of soil construction business, reinforced concrete construction business, etc.

On December 26, 2013, Jinjin Construction Co., Ltd. contracted part of C corporation’s construction cost of KRW 794,093,00, and around that time, the Defendant subcontracted part of the construction work to the Defendant. On March 31, 2014, the Defendant subcontracted D (in the case of a title holder of a business registration, but the actual operator is the husband; hereinafter “D”) the construction cost of reinforced concrete construction among the above construction work (hereinafter “instant construction”) to the period of KRW 312,00,00,000,000 and from April 14, 2014 to December 29, 2014.

The Plaintiff leased temporary materials at the construction site of this case from October 8, 2014 to December 18, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 4 through 9, Eul evidence Nos. 3 and 4, as a result of the order to submit tax information on the East Daegu Tax secretary issued by this court, and the plaintiff alleged the purport of the whole pleadings and the judgment party's assertion that the plaintiff leased the temporary materials to the construction site of this case from Oct. 8, 2014 to Dec. 18, 2015 at the request of the defendant, the head of the field office, and sought the payment of the rent.

In this regard, the defendant asserts that the plaintiff is not obligated to pay the rent for the temporary materials, since the plaintiff only leased the temporary materials according to the contract with D, which was contracted with the defendant, and did not conclude the contract with the defendant.

Judgment

In light of the following: (a) whether a contract for the lease of temporary materials was concluded between the Plaintiff and the Defendant; (b) there is no dispute between the parties; or (c) there is evidence Nos. 1, 2, 3, and 6 (including a number number); (d) witness G testimony; and (e) part of the Plaintiff’s testimony; and (e) fact-finding with respect to the Daegu Regional Employment and Labor Office of the Republic of Korea.

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