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(영문) 수원지방법원 2018.05.29 2017나76166
물품대금
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. Facts of recognition;

A. The Plaintiff is engaged in construction machinery contracting and lending business under the trade name of “B,” and the Defendant is a corporation that engages in steel product construction business, etc.

B. On January 26, 2016, the Defendant: (a) concluded a subcontract with respect to the Construction Works for Access Road (Building Structure 1) among the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Construction Works for the Republic of Korea (hereinafter “Styang Industry Development”); (b) the Defendant was appointed as a site agent on January 26, 2016 as an on-site agent; and (c) delegated the authority to manage and control the construction site at the construction site at the construction site at the order of the construction supervisor; and (d) submitted the site agent system stating the above contents to the Construction Project for the Construction Project for the Construction Project for the Construction Project for the Construction Project for the Construction Project for the Republic of Korea. The Plaintiff leased equipment at the request of D to the construction site for the construction project from July 1, 2016 to August 116.

F. On December 1, 2016, the Plaintiff issued a tax invoice of KRW 9,900,000 for supply value as a person who is supplied with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the plaintiff leased the instant equipment at the construction site of this case according to D's instruction, which is the defendant's field agent, and it is deemed that the amount of KRW 10,890,00 has occurred as usage fees. Thus, the defendant is the plaintiff.

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