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(영문) 대구지방법원안동지원 2016.08.24 2016가단1458
사용료
Text

1. The Defendant shall pay 3,465,00 won to the Appointor C and 15% per annum from April 15, 2016 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s designated parties had the Defendant posted equipment at the site of the OO (hereinafter “instant construction”) in Ansan-si, where the Defendant was awarded a contract with the Forest Environment Research Institute (hereinafter “the instant construction”). The Defendant, as a party to the equipment input contract, is obligated to pay the designated parties the user fee for each equipment from October 2015 to November 201 of the same year.

B. The Defendant merely awarded the instant construction to the Han Heavy Construction Co., Ltd. (hereinafter “Korea Heavy Construction”) a lump sum subcontract for the instant construction, and paid all the construction cost to Han Heavy Construction, and it cannot be recognized that the designated parties did not enter into an input contract with the designated parties, and that the designated parties did not perform construction works equivalent to the claimed amount.

2. Determination

A. Considering the following circumstances, the Plaintiff’s evidence alone submitted by the designated parties to enter into a contract on the use of equipment with the Defendant (or its representative) by examining the judgment on the claim for the use of equipment by the designated parties C and other designated parties, and comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account the respective descriptions (including each number, if any) and the overall purport of the pleadings.

It is not sufficient to recognize that the aforementioned designated parties have put in equipment equivalent to the amount claimed by the said designated parties, and there is no other evidence to acknowledge it.

Therefore, the part of the plaintiff's claim that the designated party C and other designated parties claim the user fee of equipment is without merit.

① Nos. 3-1 through 6, 8 through 12 are merely a tax invoice prepared by the designated parties to claim the payment of equipment user fees to the Defendant, and the Defendant recognizes the claim amount in the said tax invoice.

Any content such as confirmation or confirmation is not written at all.

② The Defendant asserts that P, signed as the Defendant’s confirmed person on the evidence Nos. 3-7, 20, 21 (Report on Confirmation of the Operation of Equipment) is not the Defendant’s employee, and P, is the Defendant’s employee.

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