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(영문) 서울동부지방법원 2019.02.14 2018가단111459
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,715,00 and interest rate of KRW 15% per annum from March 3, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Defendant contracted “C-D and four distributed water supply pipes maintenance works” from the Seoul Central Waterworks Business Office, and performed the E-and F-F regional construction work around 2017, and reported G to the Seoul Central Waterworks Business Office as the site manager.

B. The Distribution and Maintenance Corporation: (a) performed the construction work of selling and reclaiming distributed and distributed water pipes through heavy equipment, such as Pokeras, and (b) concluded a construction machinery lease contract with H such as H, etc. holding Pokes, and (c) completed construction machinery lease contract with the field agent G.

C. The above heavy equipment business operator obtained the confirmation signature from G, which is the site manager, after working at the site, stating the content that he/she works in the standard form for construction machinery lease contract (Evidence A 3).

The above heavy equipment business operator performed construction works at the defendant's site as shown in the list of bond transfer contracts, and did not receive rent. The sum of rent is KRW 33,715,00,000, and the plaintiff acquired the whole of the above rent claim from the above heavy equipment business operator on January 8, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, fact-finding results on the office of used-water treatment waterworks in Seoul and the purport of whole pleadings

2. The parties' assertion

A. The main point of the plaintiff's assertion is that the above mid-term equipment business operator is entrusted with construction works through heavy equipment from the defendant's agent G and the defendant is obliged to pay the above rent because he/she was engaged in construction works through heavy equipment at the construction site in which the defendant is performing. Since the plaintiff acquired the above rent claim,

B. The summary of the Defendant’s assertion does not have the authority to represent the Defendant, and the Defendant is not liable for the above-mentioned rent claim, even if the Defendant’s liability is recognized, the Defendant’s claim is at the scene of another company, not the Defendant’s site.

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