logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.09.06 2018나1843
건설기계 사용료
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. As a result of participation in the costs of lawsuit after an appeal is filed.

Reasons

1. The plaintiff and the designated parties D (hereinafter "the plaintiff et al.") have a duty to pay the fees for use to the plaintiff et al., since the plaintiff and the designated parties D ("the plaintiff et al.") have worked at the E construction site executed by the defendant at the defendant'

2. In full view of the written evidence Nos. 2 and 5 of the judgment, the Defendant entered into a subcontract agreement with the Plaintiff’s Intervenor, not the Plaintiff, for various construction works on the E site, and the Plaintiff, etc. agreed on the payment of the unpaid construction machinery usage fees, except for the construction machinery usage fees as stated in the purport of the claim for payment (hereinafter “instant usage fees”) around February 2018. In light of these facts, the Defendant directly proceeded with the construction in relation to the part on which the instant usage fees occurred.

It is difficult to view that a contract for the use of construction machinery between the Plaintiff, etc. and the Defendant is concluded by requesting the Plaintiff, etc. to perform the work, such as digging machines.

The Plaintiff asserted that there exists a double subcontract agreement between the Defendant and the Plaintiff’s Intervenor, and that, in light of the settlement details on the subcontract price settlement statement between the Defendant and the Plaintiff’s Intervenor, the construction site where the instant royalty occurred was directly managed by the Defendant and the Plaintiff’s Intervenor, only the tax invoice was issued in the name of the Plaintiff’s Intervenor. However, it is insufficient to acknowledge that the Defendant is liable to pay the Plaintiff the royalty for cutting off the instant construction by directly managing the instant construction work, and there is no

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.

arrow