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(영문) 서울남부지방법원 2017.02.03 2016가단36298

중장비임대료

Text

1. The Defendant shall pay to the Plaintiff KRW 24,735,00 and the interest rate of KRW 15% per annum from September 22, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in construction machinery rental business under the trade name of “B”, and the Defendant is a company that engages in construction business, etc.

B. From January 4, 2016 to July 6, 2016, the Plaintiff posted one string, including a driver, at a construction site, such as the main type of the Defendant’s main road, the scambling, the mountain village, the Dong-dong, and the Kimpo-ri, which the Defendant works, and had the Plaintiff work for the upper and lower vehicles.

[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 4, Gap's evidence 5, the whole purport of pleading

2. Assertion and determination

A. The plaintiff asserts that the defendant is obligated to pay the sum of 24,735,000 won (including value-added tax) as he leased the cream from the plaintiff for use at the above construction site.

The defendant asserts that the amount of KRW 4,675,00 (the amount stated in evidence 2-7 and evidence 3-7 of August 1, 2006) out of the usage fees claimed by the plaintiff is the amount not used by the defendant.

B. As to the duty to pay KRW 20,060,00, except for KRW 4,675,000, among the cateral fees claimed by the Plaintiff, the Defendant is not dissatisfied with the duty to pay KRW 4,675,00,00. Therefore, it is limited to whether the Defendant is liable to pay the above cateral fees.

According to the whole purport of Gap evidence 1-11, 16-22, Gap evidence 2-7, Gap evidence 3-7, Gap evidence 6-7, and the whole purport of oral argument, the plaintiff is the defendant's 80,000 won on June 6, 2016 and the same month.

7. 605,00 won, 605,000 won on the 13th of the same month, 605,000 won on the 14th of the same month, 605,000 won on the 17th of the same month, and 23.605,000 won on the 23th of the same month, and 770,000 won on the 675,000 won on the 6675,000 won on the 6th of July 6, 2016, and written a statement of transaction that the above amount bears an electronic tax invoice as of August 1, 201, in the column of the constructor (Lessee) of the standard form for the lease of construction machinery on the 14th of the same month, and the lessee.