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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts were subcontracted by the Defendant to C Co., Ltd. (hereinafter “C”) with respect to the construction of two roads, including Suwon-si, Suwon-si, which was contracted by the Korea Land and Housing Corporation (hereinafter “instant construction”).
The following [Attachment D] List of Claim Details of Equipment Rental Fees] 15 (hereinafter collectively referred to as “creditors of this case”) recorded “creditors” is a person who operates construction machinery rental business at Suwon-si and entered into a construction equipment rental contract with C around August 2013, and the construction equipment rental claims amounting to the following amount: (a) the construction equipment rental claims amount was put into the construction site at the construction site of this case; (b) but did not receive payment from C.
D E EF GIE NAJ N PPP NA T Y Y Y Y AB H at the construction site of this case, there were many other companies than the creditors of this case, and among the creditors of this case, AD operating construction machinery rental business under the trade name of "AC". On October 3, 2013, the defendant company prepared and issued a payment confirmation document stating that "I will confirm that I will pay equipment costs and oil costs that will occur in October and November in relation to the construction of this case, and that I will confirm that I will be responsible for the defendant when I will not be paid as above (hereinafter referred to as "payment confirmation document of this case")."
On December 16, 2013, the Plaintiff acquired the claim for the equipment rental fee from the obligees of this case against C, and notified the obligees of this case of the transfer to C on the same day.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 48 (including the number with each number), the witness AE's testimony, and the purport of the whole pleadings
2. The Plaintiff’s act of taking over the claim for the equipment rental fee from the obligees of this case as to the defense of this safety was performed.