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(영문) 광주지방법원 2014.12.18 2014가합644
장비임대료
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is a person who engages in temporary materials leasing business, etc. under the trade name of G, Plaintiff B is a person who engages in temporary materials leasing business, etc. under the trade name of H, and Plaintiff C is a person who engages in the business of supplying construction materials under the trade name of I.

B. The Defendant is the ordering person of the K-Newly established Corporation that was in progress in the Gwangju MineJ, the original contractor of the said construction is AM General Construction Corporation (hereinafter “AM General Construction”), and the subcontractor is E Co., Ltd. (hereinafter “E”).

C. On March 21, 2013, Plaintiff A entered into a lease contract for temporary equipment (sale) that Plaintiff A supplies building materials to the K New Site. The above contract is written by the Defendant as joint and several sureties and the seal of the Defendant’s representative director is affixed.

Plaintiff

B On August 7, 2013, between E and Plaintiff B entered into a rental contract for supplying construction materials to K at the new site, and the Defendant’s corporate seal and the seal of the Defendant’s representative director are affixed to the column of joint and several sureties of the said contract.

E. On May 2, 2013, Plaintiff C entered into a contract with Plaintiff C to supply building materials at K’s new site. On May 2, 2013, Plaintiff C, a subcontractor, written a written consent to the Defendant’s immediate payment of the price for materials, and the said written consent bears the Defendant’s corporate seal and the Defendant’s representative director’s seal affixed thereto.

F. Meanwhile, the Plaintiffs filed an application with E and the Defendant for a payment order claiming that E and the Defendant jointly and severally pay the amount stated in their respective claims and damages for delay thereof to the Plaintiffs, and the payment order against E was finalized on January 18, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 16 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion L is the defendant's director, and each of the above contracts between the plaintiffs and E.

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