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(영문) 광주지방법원순천지원 2016.02.02 2015가단12790
중기작업비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statement No. 1-1 and No. 2, the defendant sent a subcontract to C Co., Ltd. (hereinafter referred to as “C”) with respect to the land partitioning construction machinery lease contract (the defendant’s trade name, address, business registration number, corporate registration number, corporate registration number, and the name of representative director are stated in C’s column) to which the plaintiff is the lessor and the defendant as the lessee from D, the representative director of C’s company, and it can be acknowledged that the plaintiff puts a 11 ton of Kackle at the above construction site.

2. The assertion and judgment

A. Under the premise that a mid-term lease contract has been concluded with the Defendant, the Plaintiff sought payment of the mid-term rental fee of 20,7170,000 won and damages for delay under the mid-term lease contract against the Defendant.

B. The Plaintiff submitted a mid-term lease agreement (No. 1-2) with the Defendant as evidence that the mid-term lease agreement was established, but this cannot be deemed as evidence as there is no evidence to prove the authenticity, and the remainder of the evidence is only about the fact that the Plaintiff puts a mid-term construction site to work, and there is no evidence to acknowledge the mid-term lease relationship between the Plaintiff and the Defendant.

(Plaintiff appears to have put a key at the construction site of this case under a mid-term lease contract with C, not the Defendant).

As long as the relationship between the Plaintiff and the Defendant cannot be recognized, the Plaintiff’s assertion is without merit, without examining further issues.

3. The plaintiff's claim is dismissed.

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