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(영문) 대전지방법원 2015.07.22 2014가단31056
장비임대료 등
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff, the Appointor D, and E (hereinafter collectively referred to as “Plaintiffs”) are those engaged in construction machinery rental business.

B. From March 201 to September 201, 201, the Plaintiffs installed a construction work with the Plaintiffs’ construction machinery equipment at the site of civil engineering works for the creation of housing sites for electric source land owned by the Defendants (hereinafter “instant construction works”) such as the U.S. F Forest and other forest owned by Defendant C (hereinafter “instant construction works”).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 5, and 9 (including each number), the witness G’s testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. 1) The Plaintiffs received request from the Defendants for the instant construction work and did not receive the rent for the equipment indicated in the purport of the claim. The Defendants are obligated to pay the Plaintiffs the respective money stated in the claim. 2) Even if the Defendants did not request the instant construction work to the Plaintiffs, the Defendants are subject to H’ punishment that they performed the construction works by the owners of the land at the instant construction site. The Plaintiffs issued a supplier’s tax invoice to G, who is the head of the instant construction site, entered their names and issued them to the Plaintiffs. If Defendant C prepares a sales contract to pay the Plaintiff the part of the instant construction cost and transfer the ownership of some of the said F forest as the substitute for the construction cost, Defendant C, the husband of the instant construction site, from time to time visit the instant construction site to check the work status. The Defendants are obligated to pay each money stated in the purport of the claim as the nominal owner under Article 24 of the Commercial Act.

B. 1) We examine the Defendants’ assertion that they are parties to the contract. (A) The following facts are acknowledged in addition to the overall purport of the pleadings in the evidence mentioned above and the statements stated in Gap evidence Nos. 7, 8, 10, and 11.

The defendants are the defendants.

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