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(영문) 광주지방법원장흥지원 2019.08.28 2019가단68
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant asserted that the Plaintiff did not pay KRW 33,00,000,00 for the use of the Plaintiff’s construction equipment, concrete pumps (hereinafter “legal pumps”) in early 2016.

2. Facts of recognition;

A. The Plaintiff agreed to operate a partnership business using E and pumps, while the Plaintiff only purchased pumps and registered its business, and E was to operate a real business using pumps.

B. On January 2006, the Plaintiff purchased the F P PP car, and moved the said vehicle into H Co., Ltd. located in Gwangju Northern-gu G, and registered its business with H as the trade name at the same location.

C. E input the above pumps at the Defendant’s construction site, and in relation to its cost, on March 31, 2016, a tax invoice of KRW 33,00,000 in the Plaintiff’s name was issued.

After receipt of the above tax invoice, the Defendant deposited KRW 33,00,000 in the account under the name of H Co., Ltd. at the request of E on April 29, 2016.

[Reasons for Recognition] Evidence Nos. 1, 2, 3, Eul Nos. 1 through 5, the purport of the whole pleadings

3. Comprehensively taking account of the above facts acknowledged, the Plaintiff’s claim on the premise that the Plaintiff was not paid the cost of use of the pumps at the request of E, which was the partner and the actual operator of the pumps. Therefore, the Plaintiff’s claim is without merit.

Therefore, the claim of this case is dismissed.

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