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(영문) 광주지방법원순천지원 2020.11.11 2018가단2008
사용료
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. On June 27, 2016, the Defendant received the contract for Daehan (hereinafter “instant construction”) as the contract amount of KRW 722,092,850, the total construction period amount of KRW 1,894,982,850, the date of commencement, June 28, 2016, the date of completion, June 22, 2017, and December 14, 2018.

B. On July 28, 2016, the Defendant subcontracted the water supply and sewerage construction works among the instant construction works to E Co., Ltd. (hereinafter “E”), to KRW 386,33,000 (including value-added tax), and to KRW 81,181,000, respectively.

C. Between F and F on April 2017, E entered into a construction delegation contract between F and F with respect to the instant construction project.

[Reasons for Recognition] Facts without dispute, entry of Eul 1 to 11 (including the serial number) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion argues that the Plaintiff leased the construction equipment to the Defendant in relation to the instant construction project, and the Defendant is obligated to pay KRW 16,036,00 to the Plaintiff the equipment usage fee of KRW 16,036,00. On the other hand, the Defendant merely engaged in the transaction in relation to the instant construction project and did not engage in any transaction with the Plaintiff. Therefore, the Plaintiff cannot accept

B. The Plaintiff’s claim of this case is not accepted on the ground that the Plaintiff concluded a construction equipment rental contract with the Defendant with respect to the instant construction project and leased the construction equipment to the Defendant, on the sole basis of the written evidence submitted by the Plaintiff Nos. 1 and 3.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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