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Reasons
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(영문) 의정부지방법원 2015.09.17 2014나13960
사용료(장비대금)
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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. Summary of the parties' arguments

A. After concluding a material supply contract with the Defendant, the Plaintiff supplied miscellaneous materials equivalent to KRW 4,542,956 (including value-added tax) to Dongducheon-si, which is the site of the “B” construction (hereinafter “instant construction”).

Therefore, the defendant is obligated to pay to the plaintiff the above material price of KRW 4,542,956 and damages for delay.

B. On September 5, 2013, the Defendant concluded a subcontract agreement on KRW 161,338,000 (excluding value-added tax) with D (hereinafter “D”) with respect to the entire construction of the instant construction project ordered by the Gyeonggi-do Environment Research Institute.

In addition, since the Plaintiff entered into a supply contract with D, not the Defendant, and only supplied materials, etc. concerning the instant construction, the Defendant is not obligated to pay the said materials to the Plaintiff.

2. Determination

A. According to the evidence Nos. 1-2, 3, and 8 (including each number; hereinafter the same shall apply), each of the following is acknowledged: (a) the Plaintiff supplied materials equivalent to KRW 4,129,960 (excluding value-added tax) at the construction site of this case; (b) the Defendant issued a tax invoice of KRW 4,129,960 to the Plaintiff as of December 22, 2013; (c) the Plaintiff entered the signature of the name “E” at the bottom of the transaction list of materials supplied by the Plaintiff at the construction site of this case; and (d) the signature of the Plaintiff at the bottom of the transaction list of the materials supplied by the Plaintiff at the construction site of this case.

B. In the above facts, the following circumstances are as follows, comprehensively taking into account the evidence No. 6, evidence No. 10, evidence No. 11, evidence No. 2, evidence No. 4, each statement No. 4, witness F, and testimony of G:

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