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(영문) 춘천지방법원원주지원 2019.03.26 2018가단1567 (1)
장비사용료 청구
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The fact that the Plaintiff (designated parties; hereinafter “Plaintiffs, etc.”) and the designated parties (hereinafter “Plaintiffs, etc.”) were engaged in a platform work for selecting blasting stones from Gtinsan located in F in the East Sea in March 2018 (hereinafter “instant work”) by using their extraction machines during the East Sea does not conflict between the parties.

2. The assertion and judgment

A. The Plaintiff’s assertion argues that the Defendant first received a contract from H, and had the Plaintiff work for the instant work, etc., and that the Plaintiff claimed against the Defendant for payment of equipment usage fees from February 2018 to March 2018, as stated in the purport of the claim.

Next, even if the defendant did not directly work the plaintiff et al.

In addition, the defendant asserts that I had been engaged in the work with the plaintiff et al., and that I had the plaintiff et al. shared with I, by allowing I to share the equipment use fee, and also issuing a statement of transaction in the name of the defendant et al., and that I operated the business jointly with I, the defendant is entitled to pay the equipment use fee.

B. First of all, the defendant's evidence that the defendant was the party who was working for the plaintiff et al. is a party to the contract on the use of equipment, although the defendant's transaction statement (Evidence A 1 through 4) stated as the counter-party to the contract or the construction machinery work contract (Evidence A6 through 9) stated as the counter-party to the contract, or the defendant's construction machinery work contract (Evidence A6 to 9) stated as the field manager, the plaintiff is the person who is not

Next, prior to viewing whether the Defendant jointly operated the project with I, it is a health stand as to whether I had been engaged in the work with the Plaintiff, etc., and as it seems consistent with the foregoing, a site operation log prepared by I [No. 5 (part of it is as evidence No. 2)].

) and Plaintiff .

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