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(영문) 대구지방법원 2017.06.21 2015나14172
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 4, 2010, the Commercial Co., Ltd. Construction Co., Ltd. (hereinafter “Standing Co., Ltd.”) was subcontracted on the part of the conduit Construction Co., Ltd. (hereinafter “Korean Commercial Construction”); the part of the conduit Construction Co., Ltd. from among the C Co., Ltd. contracted by Hancheon Construction Co., Ltd. from Hancheon Environment Co., Ltd. (hereinafter “Korean Commercial Construction”); the portion of the official road construction (one section); the construction amount of the C Co., Ltd. contracted by Hancheon Construction Co., Ltd.; and the construction period of construction from June 4, 2010 to October 7, 2012.

B. On March 16, 2011, the Plaintiff and D were re-subcontracted with the construction contract amounting to 5,50,000,000 won (excluding value-added tax) and the construction period from March 16, 2011 to October 7, 2012.

C. From April 11, 2011 to July 29, 2011, the Defendant leased the dump season (0.3W, E), and dump trucks (25 tons, F) to the Plaintiff, and provided the Plaintiff with labor by using the said equipment at the construction site of this case.

(hereinafter referred to as the “instant contract”) between the Plaintiff and the Defendant regarding the provision of equipment and labor.

On June 7, 2011, the Plaintiff remitted KRW 13,000,00 to the Defendant.

E. The Plaintiff paid expenses incurred by the Defendant on behalf of the Defendant as follows.

(3) On June 13, 201, 13, 260, 311 G (H gas station)’s fuel price of KRW 50,00 on June 13, 201, 30, 451, 03, 5,000 in the amount of meal charges of KRW 451,00 on June 13, 201, 40 in the aggregate of the meal charges of KRW 5,039,41 on June 13, 201; KRW 5,039, 411 on the remittance date; KRW 10,50 on the remittance date of KRW 3,00 on April 27, 201; KRW 10,780; KRW 10,50 on May 21, 201; KRW 30,50 on the deposit date of KRW 13,50 on May 21, 201; KRW 18,50 on May 13, 2013, 205.

(f)The details of transfers to the Defendant of the recommendations are as follows:

(g) thereafter between fluorite construction and fluorite construction.

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