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(영문) 춘천지방법원강릉지원 2016.05.31 2015나332
장비대금
Text

1. The part against the defendant B in the judgment of the court of first instance is revoked, and the plaintiff (appointed party)'s claim against the defendant B is claimed.

Reasons

1. Basic facts

A. The Plaintiff KangwonScar Co., Ltd. (hereinafter “Plaintiff GangwonScar”) is a company with the purpose of leasing and leasing construction machinery and equipment, and the Appointor D is a person who carries on the business of towing equipment with the trade name of E.

(hereinafter referred to as the “Plaintiffs” by combining the Plaintiff Gangwon-gu and the Appointor D.

Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a company aimed at civil engineering and construction, etc., and Defendant A is the representative director of Defendant A.

C. A comprehensive wind construction company (hereinafter “comprehensive wind construction company”) was awarded a contract for the construction of a new construction of C on the G ground of Gangseo-gun, Suwon-gun, which is ordered by the Marine Corps F unit of the Marine Corps (hereinafter “instant construction”). Defendant A was awarded a subcontract for the instant construction from the comprehensive wind construction.

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

2. Summary of the parties' arguments

A. The plaintiffs 1) against the defendant A, the plaintiffs are equipment, such as scara and kicks, between the defendant A and the defendant A (hereinafter "the equipment of this case").

(2) Since Defendant A entered into a lease agreement with respect to the instant construction project and provided the instant equipment for the instant construction project, Defendant A is obligated to pay the Plaintiff Gangwon-si’s fee of KRW 22,770,00 and KRW 9,240,000 among the equipment rent for equipment generated at the construction site of the instant construction project on July 2014 and August 2014, and to pay damages for delay for the amount of KRW 9,240,00 and each of the above money. (2) Defendant B merely takes the form of a stock company in the form of form of a corporate company, and is actually used as a means to avoid the application of the laws against Defendant B, just like the private company operated by Defendant B, or is a company with a corporate personality, or is used as a means to avoid the application of the laws against Defendant B. Therefore, denying Defendant B’s liability as a person behind the construction site

Therefore, Defendant B shall pay the above amount to the Plaintiffs jointly and severally with Defendant A.

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