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1. The Defendant’s case involving the Seoul Eastern District Court 2015Gaso21160 for the rental fee for the construction equipment.
Reasons
1. Basic facts
A. Around May 2012, the Plaintiff, who contracted the remodeling project for the Indoneso Hospital, re-subcontracted the removal project (hereinafter “the removal project in this case”) to Dongyang (hereinafter “Dongyang”) Co., Ltd. (hereinafter “Dongyang”) (hereinafter “the removal project”).
B. The Defendant was a juristic person operating a construction equipment operating business, soil construction business, removal construction business, etc., from May 201 to August 2012, 201, and the removal work was performed using construction equipment (small excavation equipment) at the construction site of the said women’s Gisung Hospital from May 201 to August 2012, and was not paid KRW 16,502,00.
C. On May 24, 2013, the Defendant sent a content-certified mail demanding the payment of KRW 16,502,000 for construction equipment usage fees to Dongyang-do, under the premise that the instant removal construction was carried out with Dongyang-do and the construction equipment lease contract was concluded, and on May 31, 2013, filed an application for the payment order against Dongyang-do seeking the payment of the said construction equipment usage fees (Seoul Southern District Court 2013 tea9264), and on June 17, 2013, the Defendant filed an objection against the said payment order order.
On August 19, 2014, the judgment dismissing the case was rendered on August 19, 2014 on the ground that there was insufficient evidence to prove that Yangyang was either a party to a contract for the lease of construction equipment with the defendant or a party to an agreement for the payment of the usage fee as a result of the transfer to the
(D) On June 2, 2015, the said lawsuit was concluded on June 2, 2015, because the Defendant appealed against the above judgment of the court of first instance, but the Defendant had not been absent on two occasions in the appellate trial.
After that, the defendant filed a lawsuit against the plaintiff and B, who is the representative director of the plaintiff and the plaintiff, as Seoul Eastern District Court 2015da21160, seeking payment of the construction equipment usage fee of 16,502,000 won. The above court on May 14, 2015, "the plaintiff and B are jointly and severally liable to the defendant 16,502,000 won and the above amount.