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(영문) 부산지방법원 2017.07.07 2016나11698
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who leases construction machinery under the trade name of “B,” and the Defendant is a company with the principal interest in soil construction business, etc.

B. On June 2, 2014, the Defendant entered into a contract for a construction project with the Geumcheon-gu Busan Metropolitan City and the “C Multi-Purpose Creation Project,” and on June 30, 2014, the Defendant subcontracted the said construction project amount at KRW 670,000,000,000 of the construction cost to the Sejong Industrial Development Co., Ltd. (hereinafter “FC Development”).

C. On the other hand, from April 2, 2015 to May 15, 2015, the Plaintiff invested a digging machine at the same construction site, and the Defendant’s field agent D drafted a confirmation contract for each construction machinery (lease) with the name of the leased company (B), the name of the pilot (A), the vehicle number (E), the equipment “E”, the type “06W”, and the type “60,000 won” (hereinafter “each confirmation contract of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's on-site agent D requested for the lease of the digging season and the plaintiff did so at the above construction site. Thus, the defendant stated that the rent of KRW 18,755,000 for each of the instant verification contracts is "60,000 for each of the charges of KRW 605,00 for each of the instant verification contracts," but Article 1 of the Special Agreement on each of the instant verification contracts provides that the actual rent shall be determined in accordance with the above rates table. In full view of the tax invoice and transaction specifications issued by the defendant, the actual rent for the digging season is 605,000 won for each of the instant verification contracts.

x 31 times of payment. 2) The defendant did not enter into a lease agreement on the excavation of the above construction site with the plaintiff, but entered into with the development of the so-called "so-called "so-called" industry, which is the subcontractor of the above construction site, and D is the field agent.

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