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Reasons
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(영문) 울산지방법원 2018.01.24 2017나1790
장비임대료 등
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2013, the Defendant contracted for reinforced concrete construction among the “B High School Teachers Construction Works”, and subcontracted the part of concrete building works to C.

B. C leased equipment from the Plaintiff for construction, and the Defendant paid the Plaintiff the equipment rent directly in lieu of the payment of the subcontract price to C, and accordingly, the Plaintiff issued a tax invoice on the equipment rent to the Defendant.

C. On January 2, 2015, the Plaintiff issued a tax invoice on the rent for equipment of KRW 22,00,000 to the Defendant. On May 28, 2015, the Defendant paid KRW 13,200,000 out of the above rent to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was to lease equipment to C, but D, the Defendant’s site manager, agreed between the Plaintiff and C that the Defendant would pay the equipment rent for the Plaintiff directly to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the unpaid equipment rent of KRW 800,00 and the delayed payment damages therefor.

B. As to whether the Defendant agreed to pay the above unpaid equipment rent to the Plaintiff, according to the overall purport of the testimony and pleading by the witness witness D, the Defendant entered the Defendant in the column of the tax invoice of KRW 22,00,000 issued by the Plaintiff, and the text message was issued by D to the effect that D promised to repay the Plaintiff’s obligation, but it is acknowledged that the Defendant agreed to directly pay the rent of KRW 8,80,000 to the Plaintiff for the equipment rent of KRW 22,00,00,000, in light of the following circumstances, the evidence submitted by the Plaintiff alone is recognized.

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