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(영문) 창원지방법원 2015.08.19 2015나1899
중장비사용료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Plaintiff, who is engaged in construction machinery contracting and lending business with the trade name of “F”, was requested by the Defendant to rent construction machinery, and leased construction machinery necessary for civil engineering works, etc. for the extension of factories between September 2009 and June 30, 2012 to the Defendant. ② From May 1, 2013 to June 30, 2013, the Defendant leased construction machinery necessary for civil engineering works, etc. for the establishment of the 3rd Factory D D D D D D. For that reason, the Defendant did not pay to the Plaintiff the remainder of KRW 56,820,00,000 between September 1, 200 and June 2012, 2013; however, the Defendant did not pay the remainder of KRW 42,361,000,000 among the remainder of KRW 360,000,000,000 among the remainder of KRW 360,010.

3) Even if not, C, the manager of the Defendant Company, on behalf of the Defendant on January 16, 2012, agreed to pay KRW 50,000,000 out of the rent for heavy equipment as stated in the above paragraph (1) on behalf of the Defendant, and the Defendant is obligated to pay KRW 50,00,000 to the Plaintiff according to the above agency act of C, even if C did not have the authority to prepare the above payment note on behalf of the Defendant, it is believed that C had the authority to prepare the said payment note on behalf of the Defendant, and that there was a reasonable ground to believe that C had the authority to prepare the said payment note. Accordingly, as to the act of preparing the above payment note by C, the representation of expression under Article 126 of the Civil Act is constituted, and accordingly, the Defendant is therefore obligated to pay the Plaintiff the agreed amount on May 5, 200.

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