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(영문) 의정부지방법원 2018.11.01 2018나2197
장비임대사용료
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. After concluding a equipment lease agreement with the Defendant, the Plaintiff’s summary of the Plaintiff’s assertion was placed in the Defendant’s construction site at the Defendant’s construction site on two occasions on October 29, 2016 and November 11, 2016.

Therefore, the defendant is obligated to pay to the plaintiff KRW 1,100,000 for equipment costs and delay damages.

2. In light of the judgment, the evidence presented by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent the instant cream to the Defendant, and there is no other evidence to acknowledge this otherwise.

Rather, according to the contents of evidence Nos. 1, 2, and 1, the fact-finding results on the East Western case Co., Ltd., and the overall purport of the pleadings, it appears that the plaintiff put into the construction site for Dong Seo-gu, Inc. and the plaintiff did not have worked in Dong-gu, Co., Ltd. at the time when the plaintiff lent Dong-gu, and it is recognized that the defendant did not have worked in Dong-gu, Inc.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance, which has different conclusions, is unfair, and the plaintiff's claim is dismissed.

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