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(영문) 전주지방법원 2016.04.21 2015나3221
건설기계사용료
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who operates construction machinery business under the trade name of “B,” and the Defendant is a person who operates forest business and construction work, and the Defendant was changed to KRW 187,224,000 for the construction work price from Jeollabuk-do on March 21, 2013 (the construction work price after delay was changed to KRW 163,108,000 for the construction work price).

(D) The Corporation’s “D” (hereinafter referred to as the “instant Corporation”) in South Won-si.

(2) The Plaintiff was awarded a contract. (2) From June 16, 2013 to July 21, 2013, 450,000 won per day from June 16, 2013 to July 21, 2013.

3) Under the direction or supervision of G, which supervised the entire construction site by delegation from the Defendant, F, a field agent, has signed the Plaintiff’s “on-site manager” column as stated in the “Work Certificate (Evidence A 2)” prepared by the Plaintiff with respect to the content of the work on the day, and the contents indicated in the said written confirmation are as follows: On-site name: H work contents: Special agreement: The content of the work at-site: The amount of the work cost payment must be determined with this written confirmation. The content of the work at-site: One-time work (the fact that there is no dispute over the grounds for recognition, evidence A, evidence Nos. 1 and 2, evidence Nos. 2 and 3, evidence Nos. 2 and 3, testimony by the witness of the first instance trial, testimony by the witness of the first instance trial

B. In light of the F and G, the relationship with the Defendant, and the background and contents of the “work confirmation (Evidence A2)” as recognized by the above fact of recognition, it is reasonable to deem that the Defendant entered into a contract with the Plaintiff that the Plaintiff lent clicks from the Plaintiff and input them into the instant construction site and pay KRW 4,50,000 to the Plaintiff a daily fee (hereinafter “instant contract”).

Therefore, the Defendant’s total amount of KRW 8,100,00 (i.e., 18 days x 4,50,000 won for daily equipment) to the Plaintiff, as sought by the Plaintiff, and the original copy of the instant payment order from July 22, 2013, which is the day following the last day of entry of the Pocles into the construction site of this case.

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