(영문) 대전지방법원 2019.04.30 2018나11617

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(영문) 대전지방법원 2019.04.30 2018나11617

장비대여료

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the first instance court.

Reasons

1. The parties' assertion

A. Plaintiff 1) At the Defendant’s request from November 3, 2015 to January 26, 2016, the Plaintiff is a Dfriendly Road Construction Site (hereinafter “instant construction site”).

(2) The Defendant is obligated to pay the Plaintiff the rental fee of KRW 5 million and the delay damages on November 3, 2015 and November 4, 2015, since the Defendant did not pay the total amount of KRW 5 million to one of the two of the two of the two of the two the two the two the two the two the two the two the two the two the two the two the two the two the two leases, whichever is later.

B. Defendant 1) requested E (F company) to put in the construction site of this case, and there was no request for put in the Plaintiff. Defendant paid all the tax invoices issued by E (F company) and the amount of the use of the bags settled in accordance with the tax invoice issued in the name of the G company.

2. In full view of the following circumstances that can be acknowledged by comprehensively taking into account the Plaintiff’s statements 1-4 and the witness E and part of H’s testimony, it is insufficient to acknowledge that the Plaintiff’s testimony of Gap 2, 4, 6-1 and witness E of the trial room, which correspond to the Plaintiff’s assertion, is difficult to believe, and that the Plaintiff and the Defendant entered into a Cre equipment supply contract with the Defendant solely on the basis of the written evidence Nos. 1, 4, and 5.

(In addition, the plaintiff's assertion is not accepted. (I think that the defendant entered into a contract with E for the supply of cranes and settled accounts for the use of the cranes).

① The Defendant issued a tax invoice (in total of KRW 38,170,00, value-added tax 3,817,000, value-added tax 3,817,000, total of KRW 41,987,000, total of KRW 17,733,000, value-added tax 1,773,300, KRW 19,506,300, total of value-added tax 1,773,300, total of KRW 19,50,000, total of KRW 55,50,000, value-added tax 5,500,000, total of KRW 60,500,000, total of KRW 60,000, Dec. 6, 2016) under the name of the instant company for the cost of equipment invested in the construction site of this case; and

유사 판례

-대구지방법원 김천지원 2014.04.03 2013고단1674

-대전지방법원 2014.07.23 2012구합4199

-대전지방법원 홍성지원 2013.09.03 2013고정234

-대전고등법원 2015.07.23 2014누11340

-인천지방법원 2014.11.28 2014고단5650