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(영문) 춘천지방법원 강릉지원 2018.08.22 2017가단4054
건설기계임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 30,497,50 and the interest rate of KRW 15% per annum from October 14, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff from May 29, 2017 to the same year

8. By the 17th day, the Defendant leased construction machinery for the removal of light from the site of the installation of earth and sand at the site of the installation of the facilities for seawater in the East Sea, which was sewaged by C from C by the Defendant.

B. On May 16, 2017, the Defendant agreed to participate in the construction with E as to the part of the collective construction work.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 8 through 10 (including additional numbers), Eul 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the defendant is obligated to pay the above rent because he concluded a construction machinery lease contract with the defendant and leased it. The defendant asserted that the defendant did not conclude a contract with the plaintiff, and that E merely leased it from the plaintiff, and that the statement of the working place submitted by the plaintiff cannot be trusted.

B. In light of the judgment, it is reasonable to view that the site manager of a construction company is an employee entrusted with a specific type of business or a specific matter as stipulated in Article 15 of the Commercial Act and has a partial comprehensive power of attorney. The scope of ordinary duties of the site manager in the construction site is all acts related to the conclusion of a subcontract agreement and the payment of the construction cost, and the payment of rent, etc. related thereto, in addition to the materials and labor management related to the execution of the construction site.

(See Supreme Court Decision 94Da20884 Decided September 30, 1994). In full view of the fact that there is no dispute between the parties, as well as the overall purport of the pleadings in the evidence Nos. 1 and 2 (the statement No. 3 of the evidence No. 1 and the whole purport of the pleadings are recognized), F is serving as the Defendant’s site manager from July 2017 to August 17, 2017 while serving as the Plaintiff from the end of the instant construction site to the site of this case.

8. To lease construction machinery, such as digging machines up to 17.

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