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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 9, 2015, the Plaintiff entered into a contract for the Quarrying and production of aggregate and landscaped stone (hereinafter “instant contract”) with the Geumdong Comprehensive Development Co., Ltd. (hereinafter “former Dong Comprehensive Development”) on the Hosi-si, Chungcheongnam-si, and 24 lots of land, and entered into a subcontract for the production of aggregate and landscaped stone (hereinafter “instant subcontract”) on April 3, 2015 with D Co., Ltd. (hereinafter “D”). On April 9, 2015, the Plaintiff entered into a lease contract for construction machinery for 15 tons of trucked trucks owned by the Defendant (hereinafter “instant first lease contract”).
B. The Plaintiff’s representative director F was detained on June 4, 2015 at the Changwon District Court and released on December 4, 2015.
C. On June 22, 2015, the Defendant concluded a construction machinery lease agreement between the Plaintiff and the Defendant on 24 tons of dump truck (hereinafter “instant secondary lease agreement”). The said agreement concluded on behalf of the Plaintiff, who is not the representative director of the Plaintiff, on behalf of the Plaintiff.
G on October 5, 2015, under the Plaintiff’s name, paid KRW 97,542,500 under the instant and secondary rental agreement, and the Plaintiff paid KRW 5,00,000 on August 24, 2015, and issued a written confirmation that the remainder of the equipment rental fee is KRW 92,542,50 to the Defendant.
E. On October 7, 2015, the Defendant filed an application with the Plaintiff for a payment order claiming payment of the equipment rental fee of KRW 92,542,500 under the instant first and second lease agreement with the Cheongju District Court (hereinafter “instant payment order”). The said payment order (hereinafter “instant payment order”) was finalized on November 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1 G is H. H., the representative director of D.