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(영문) 광주지방법원순천지원 2015.11.03 2015가단6337
장비사용료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In around 2013, the Defendant was awarded a contract for KRW 876,545,00 for the “A” (hereinafter “instant construction”) from the road management office in Jeonnam-do (hereinafter “instant construction”).

The Defendant, while entering into a blanket subcontract for the instant construction project to Han Construction Co., Ltd. (hereinafter “One Construction”), prepared a contract as if it subcontracts only the reinforced concrete construction work to KRW 59,800,000 for the price in consideration of the relevant laws and regulations prohibiting a blanket subcontract.

B. The Plaintiff, at the request of one construction site manager B, was to be paid a fixed rent, and the Plaintiff placed a searcher at the construction site of this case from May 2003 to February 2014 to put it into the work site of this case and worked in tampet.

On the day of work, the Plaintiff entered B or B’s construction site agent B or B’s certificate of construction site construction site work and the fact-finding results on the road safety management office of Jeonnam-do in this court, the Defendant’s on-site agent wasD from December 6, 2012 to March 13, 2014 regarding the instant construction work.

was signed by such person.

C. In relation to the settlement of equipment rent, the Plaintiff issued an electronic tax invoice stating the recipient as the Defendant at one construction’s request and sent it to one Construction.

One Construction confirmed it and requested the plaintiff to pay the equipment rent directly to the plaintiff while delivering it to the defendant.

Accordingly, the Defendant paid the Plaintiff the equipment rent directly by deducting from the subcontract price to be paid for one construction.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff performed work at the instant construction site in accordance with the equipment lease agreement with the Defendant, but the Defendant paid only the equipment rent from May 201, 2013 to October 2013 and paid the remainder KRW 23,339,800 to February 2014.

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