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(영문) 인천지방법원 2016.08.19 2016나3317
카고크레인 임대료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff concluded a contract for equipment lease with Han Young Construction Co., Ltd. (hereinafter “Korea Young Construction”), which was subcontracted for reinforced concrete construction among the construction works, from June 2013 to April 2014. While the Plaintiff did not issue a tax invoice for KRW 11 million on April 2014, the Plaintiff agreed to pay the Plaintiff the Plaintiff the rent of KRW 10 million on April 2014 to the Defendant’s representative director E, if the Plaintiff issued the tax invoice on KRW 10,000,000,000 to the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff the rent of KRW 10,000,000,000, including the Plaintiff’s rent of each substitute payment, KRW 11 to 5,000,000,000,000,000,000 from June 31, 2014, the Plaintiff requested the Plaintiff to pay the rent of KRW 1 to the Defendant.

“Along with the fact that the Defendant prepared a receipt of additional construction cost, the fact of each of the above recognition alone is difficult to deem that the Defendant agreed to directly pay the Plaintiff the above equipment rent of KRW 11 million between the Defendant and the Han Young Construction, or between the Plaintiff, the Defendant, and the Han Young Construction, and there is no other evidence to acknowledge this otherwise.

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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