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(영문) 부산지방법원 2015.12.28 2013가단29598
손해배상(기) 등
Text

1. The Plaintiff:

A. The Defendants jointly pay 31,505,712 won; and

B. The construction on the annual basis of the defendant limited liability company is eight.

Reasons

Basic Facts

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 4, 6, 7, 9, Eul's evidence Nos. 4 and 10 (including serial numbers; hereinafter the same shall apply), witness B, Eul's testimony, and the purport of the whole pleadings, the defendant teck Construction Co., Ltd. (hereinafter "the defendant teck") is the contractor of the new urban-type residential house construction work on two parcels, including Dosan-si, and the defendant limited liability company's annual construction (hereinafter "the defendant teck Construction") was subcontracted from the defendant teck for the file construction work of this case (hereinafter "the file construction work of this case").

On December 26, 2012, the Plaintiff entered into a construction machinery lease agreement (Evidence A2; hereinafter referred to as the “instant agreement”) with respect to the period of use between December 26, 2012 and January 25, 2013 with respect to the medium-term equipment owned by the Plaintiff (clrawer clickers, registration number E, type ls 138RaH-5, size 75 tons, driving method self-stocks/free track type, hereinafter referred to as “instant medium-term equipment”). From January 2, 2013 to January 25, 2013, the Plaintiff dispatched B from January 2, 2013 to the Defendant Day as a driver of the instant medium-term equipment.

(A) Although there is no clear argument as to who had driven the term of this case from December 26, 2012 to December 30, 2012, the Plaintiff appears to have driven the term of this case, considering that the Plaintiff appeared to attend the special safety education conducted by Defendant Etech on December 26, 2012. According to the instant contract, the rental fee of this case is high (Article 4(2) of the General Conditions of the instant contract), including the amount of the construction machinery operator’s wages, mechanical damages (repair, maintenance expenses, and management expenses), the oil expenses and transportation expenses necessary for the operation of construction machinery should, in principle, be borne by the lessee.

(Article 5(1). In addition, the lessor shall thoroughly perform preventive maintenance so that construction machinery can be operated normally (Article 8(1).), and the construction machinery operator of the lessor shall be the lessee.

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