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(영문) 서울남부지방법원 2017.07.14 2016나60155
사용료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the business of leasing a motor vehicle (Scar car) in the name of Gangseo-gu Seoul Metropolitan Government (hereinafter “C”), and the Defendant is a company with the purpose of construction business (production and construction).

B. On February 25, 2014, the Defendant: (a) received a contract for the printing team construction (from February 25, 2014 to November 25, 2014; (b) from the Mapo-gu E Corporation (hereinafter “E site”); (c) from the Seoul Mapo-gu E Corporation (hereinafter “E site”); (d) from the Seoul Gangnam-gu Seoul F Corporation, the glass Corporation (hereinafter “F site”); and (c) from the Seoul G Corporation (hereinafter “G site”); (d) performed the role of the head of the site at each construction site; and (e) H, who was a director of the Defendant Company at the time, performed the role of the head of the site at each construction site; and (e) performed the management of the site directly at F, E, and G sites; and (e) performed the verification of equipment operation, such as filing a complaint.

C. Upon receipt of a request for the lease of a motor vehicle for filing a complaint, the Plaintiff directly leased the motor vehicle owned by the Plaintiff at each site, and the Plaintiff also leased the motor vehicle to the owner of another motor vehicle.

At around 2014, the Plaintiff was requested from H of the Defendant Company to lease the vehicle for accusation work (including the operator of equipment) necessary for the panel or glass work, and leased the vehicle to the scene, E site, F site, and G site.

E. On August 7, 2014, from August 7, 2014 to 29 of the same month, the Plaintiff leased the vehicle for accusation (including the operator of equipment) to the 20th day of the same month, and the vehicle for accusation was entrusted to the KCAB and operated as the vehicle for accusation (including the operator of equipment) owned by the KCAB. The Plaintiff agreed that H and the fee for the use of the equipment (including the personnel expenses of the engineer) shall be KRW 6.5 million.

F. From June 7, 2014 to 19th of the same month, the Plaintiff calculated the sum of the user fee for equipment for 10 days (total of 6 million won), July 22, 2014, and from August 2, 2014 to the 10th of the same month.

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