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(영문) 대구지방법원 2016.12.22 2016나1449
건설기계사용대금
Text

1. The plaintiff (Appointed)'s appeal and the preliminary claim added at the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On September 1, 2014, the Defendant entered into a contract with the J on September 1, 2014, stating that “The construction work of the construction of the construction of the F G factory on the ground (hereinafter “the construction of the instant construction work”) of the G G factory on the ground of the G G factory in the Gyeongbuk-gun (hereinafter “J”) in the instant construction work amounting to KRW 452,00,000 (Additional Table), and that “The construction work of the structure will be contracted to the construction cost of KRW 265,00,000 (Additional Table).”

B. Upon the Defendant’s employees H, the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) used construction equipment, such as digging machines, etc. to perform the instant civil engineering works (hereinafter “the instant excavation works”).

C. On November 5, 2014, the Defendant paid to J KRW 100,00,000 as construction price, KRW 10,000 on November 6, 2014, KRW 90,000 on November 6, 2014, KRW 90,000 on December 25, 2014, KRW 100,000 on December 30, 2014, KRW 100,000 on December 30, 2014, KRW 20,000 on December 31, 2014, KRW 20,000,000 on January 5, 2015, and KRW 160,000 on January 7, 2015, KRW 580,000 on the aggregate.

Plaintiff

On December 31, 2014, the following: (a) on December 31, 2014, the Defendant issued to the Defendant a tax invoice of KRW 17,270,000 of equipment rent, KRW 10,527,00 of equipment rent, KRW 5,445,00 of equipment rent, KRW 7,865,00 of equipment rent, and KRW 7,865,00 of equipment rent (hereinafter “instant tax invoice”); and (b) thereafter, the Defendant paid to the Plaintiff, etc. a substantial portion of

[Ground of recognition] Unsatisfy, Gap evidence 1 (including each number, hereinafter the same shall apply), Eul evidence 2, each entry, Eul evidence 1, 4, 5, 7, testimony of witness of the first instance court and the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The plaintiff et al. entered into a contract with the defendant through H of the defendant's employee who was in the position of the defendant's deceased person or representative and performed the excavation search work of this case. Therefore, the defendant is about the plaintiff (the appointed party: KRW 15,70,000, KRW 9,570,000, and the appointed party C as the price for the excavation construction of this case.

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