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(영문) 대구고등법원 2014.10.16 2013나5269
물품대금
Text

1. Of the parts against Defendant Hyeong Construction Co., Ltd. in the judgment of the first instance, movables that order the delivery below.

Reasons

1. Basic facts

A. C, as an individual entrepreneur engaged in the construction business, borrowed a construction license from Defendant B to receive a subcontract for the instant construction of reinforced concrete among the said construction works (hereinafter “instant construction”) from Defendant Hoil Construction awarded a contract for D new construction works ordered by the Korea hydroelectric Energy Corporation (hereinafter “instant construction”). On April 9, 2012, Defendant Hoil Construction and the instant construction subcontract was concluded in the name of Defendant B.

B. On April 12, 2012, the Plaintiff leased temporary materials, such as water pumps, to be used at the instant construction site (hereinafter “instant lease”). At the time, the instant lease contract (Evidence A 1), written by the lessee, stating “mutually Defendant B” and “representative E” as the lessee, and the seal affixed only the “representative director” as one without any trade name indication next thereto is affixed. On the spot agent, the Plaintiff’s resident registration number, address, and name is indicated as C’s own pen.

C. Pursuant to the instant lease contract, the Plaintiff leased each item and quantity of the attached sheet as temporary materials at the same date and time as “the rental withdrawal column” in attached Form 2012 (D Site) (hereinafter referred to as “attached Form”) in accordance with the instant lease contract, and was partially returned, and was not returned as indicated in the attached sheet.

Meanwhile, at the construction site of this case, the Plaintiff sold temporary materials, such as the entry of “sale space” at the bottom of the attached details.

E. On July 13, 2012, the Plaintiff’s statement on the attached Form No. 13, 2012, “Lease column.”

4.12.

4.26.

4. On April 8, 299,610 of the temporary materials released from 30.30, as well as on the column for sale and release.

4. The sum of sales proceeds of the temporary materials sold in 26.28,120 won was transferred from the Defendant’s account under the name of the Defendant B.

F. C continued to perform the instant construction, and suspended the instant construction work on September 2012, and thereafter, Defendant Myeong Construction directly performed the instant construction work.

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