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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. Determination on the cause of the claim
A. The facts of recognition ① On April 1, 2003, the Plaintiff started construction machinery rental business on the basis of “C”, “the location of the building site D”, and “the construction machinery rental business” on November 21, 2012. On November 21, 2012, the purpose of business is landscaping business, engineering work business, construction machinery rental business, etc., and the Plaintiff established a limited liability company C with its head office D at a time of leisure its head office and operates its representative director
② The Plaintiff owns E.5.5 ton of the instant construction machinery (hereinafter “instant construction machinery”), and the place of use is registered as a limited company C.
(3) Around May 9, 2014, the Plaintiff made a claim under the name of a limited liability company C for the work to create a site on the ground of the Defendant at the time of leisure, as set forth in the following table: "〃 04/01" 〃 04/01 〃 04/02 〃 04/02 〃 04 " 04/03 〃 04/24" 〃 05/08 G 50,000 totaling 2,750,000, 2750,025,000 (including additional tax) for 2,750,000 total KRW 275/75,000 in total, 3,025,00 (including additional tax).
④ On September 5, 2014, the Defendant transferred KRW 3,000,000 from the Defendant’s Eastern H account to the account under the Plaintiff’s name.
⑤ On the other hand, on June 9, 2014, the Plaintiff had the instant construction machinery used the instant construction machinery to perform waste aggregates and waste disposal work, and the Defendant confirmed the aforementioned work contents and signed a written confirmation of work in C form of a limited liability company.
(6) As of May 31, 2014, the Plaintiff: (a) prepared a transaction statement in the name of a limited liability company C; and (b) claimed an outstanding amount of KRW 50,000,000.
〃 03/17 E 450,000 45,000 45,000 03/31 " " 04/01 〃 04/02 〃 04 04/02 " 04/03 〃 04/24 " 150,000 〃 150,000 50,008 G 50,000 50,000 50,006/09 06/309 of waste aggregate of wages under waste 150,005,006/30,000 E 30,000,00030,0000 waste disposal as 00,006/20,000,005/30,005/30,005/30,005/30,05,005/30,005