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(영문) 창원지방법원거창지원 2015.04.07 2014가단3462
장비사용대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates construction machinery leasing business under the trade name of “C” and the actual operation of “C” is one of husband D (Plaintiff’s attorney).

B. Plaintiff E (former title: FF Co., Ltd.; hereinafter “Nonindicted Company”) is a company engaging in the soil and stones construction business, etc., and the Defendant was a person who was working for the said company as a director from September 25, 2008 to June 23, 2014.

C. On June 201, the Development Group ordered the I Company to pay the construction cost at KRW 101,266,520, which was implemented in the G Group of G Group of G Group of G G G G G G G G G G G G G G G G G G G G G G G G G G G G G. (hereinafter “the instant construction”).

On the other hand, on November 1, 201, Nonparty Company received an order of seizure and assignment of the claim for the instant construction cost against I Company’s I Company’s Development Group with claims equivalent to KRW 100,240,960 against I Company. As I Company was unable to carry out the instant construction work due to financial difficulties, Nonparty Company continued the instant construction work instead of I Company in order to receive the said full amount (which is presumed to have failed to carry out the construction work due to financial difficulties, etc.).

(However, there is no report on the fact that the non-party company performed the construction of this case on behalf of the I company.

The Plaintiff leased equipment, such as digging machines, etc. between October 17, 201 and January 14, 2012 at the construction site of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 2, the purport of the whole pleading

2. Judgment on the ground of the Plaintiff’s claim

A. The main point of the plaintiff's assertion (1) The plaintiff's main point of the plaintiff's assertion is that the plaintiff leased equipment, such as digging machines, to the Corporation at the defendant's request, so the defendant shall pay 37,094,000 won for equipment use and delay damages to the plaintiff

The Plaintiff asserts to the effect that “I Company subcontracted the instant construction to the non-party company, and the non-party company has given a sub-subcontract to the Defendant.”

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