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(영문) 부산지방법원 2019.11.05 2019가단6085
건설기계(크레인)대여금
Text

1. Defendant E Co., Ltd. shall pay to the Plaintiff KRW 44,00,000 as well as its annual interest from April 23, 2019 to May 31, 2019.

Reasons

1. Claim against Defendant E-stock company

A. Indication of Claim: In addition, the part on the Plaintiff and Defendant E Co., Ltd. (hereinafter “Defendant E”) among the grounds for the claim is as indicated in the attached Form.

(b) Grounds for claims: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against the defendant Korea Environment Corporation or C stock company;

A. The summary of the Plaintiff’s assertion is that the Korea Environment Corporation (hereinafter “Defendant Corporation”) is the owner of the construction work based on the F business, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the contractor awarded the above construction work from the Defendant Corporation, the Defendant E is the subcontractor, and the Plaintiff entered into a construction machinery rental contract with the Defendant E.

Defendant E did not pay to the Plaintiff KRW 44 million, so the Korea Environment Corporation and C are jointly and severally liable with Defendant E to pay the Plaintiff KRW 44 million of the rental fee.

B. 1) Determination A) Defendant Corporation is the owner of the F Project based on the F Project, and Defendant Corporation contracted the said project to G Co., Ltd. including Defendant C and H Co., Ltd.

B) Defendant C, etc.: (a) on November 22, 2016, Defendant E with the pumps and earthen pipes among the foregoing construction works (hereinafter “instant construction”).

(C) Defendant E completed the instant construction work around November 30, 2017, and Defendant E paid the instant construction work to Defendant E by December 29, 2017 (hereinafter “instant construction work”). Meanwhile, the Plaintiff entered into the instant construction contract with Defendant E by December 29, 2017, and the Defendant E leased cwre rents at the instant construction site, but Defendant E did not pay the Plaintiff the Plaintiff the rental fee. [The grounds for recognition are 1, 2, 359, 191, 00 won, and 3,359, 191,000 won.]

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