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(영문) 울산지방법원 2016.03.17 2015나4351
중기 사용료
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a juristic person established for the purpose of mid-term leasing business, etc., and the Defendant is a person who engages in the construction business of steel structure under the trade name of “B”. 2) The Defendant requested the Plaintiff to lease cream and construction equipment, etc. while performing the Ulsan-gu D New Construction Work (hereinafter “instant Construction Work”). The Plaintiff leased construction equipment equivalent to KRW 18,94,750 to the Defendant during the period from May 26, 2014 to July 4, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the mid-term user fee of KRW 18,944,750 and damages for delay at the rate of 20% per annum from April 23, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. The defendant's assertion argues that the defendant does not have an obligation to pay the mid-term user fee to the plaintiff since the defendant's lending of the middle term from the plaintiff is E

However, considering the following circumstances revealed in full view of the evidence and the purport of the entire pleadings as seen earlier, namely, E is the father of the Defendant, that is, E appears to have requested the Plaintiff to rent the middle term at the construction site of this case as the director of “B” registered in the name of the Defendant, and that the tax invoice for mid-term rental of the Plaintiff was issued as the recipient of the Defendant, the Defendant cannot deny the Plaintiff from liability for the fees for the use of the construction equipment leased at the construction site as the contracting party or the nominal lessee.

Therefore, the defendant's above assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.

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