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(영문) 의정부지방법원 2017.07.20 2016나62249

사용료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff supplied aggregate to the Defendant from November 2015 to December 2015 with respect to the “A Expansion Corporation” (hereinafter “instant construction”) and leased the equipment during construction.

B. On November 30, 2015, the Plaintiff issued each electronic tax invoice with KRW 891,00 for aggregate and transportation expenses, KRW 21,681,00 for equipment rent on November 30, 2015, KRW 19,49,700 for aggregate payment on December 28, 2015, and KRW 21,685,40 for construction expenses on December 28, 2015 (hereinafter “instant tax invoice”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1-1, the purport of the whole pleadings

2. Determination Gap's evidence Nos. 1 through 9 (including each number), Eul's evidence Nos. 1 and Eul's evidence Nos. 1 and the whole purport of arguments are comprehensively taken into account; ① the plaintiff issued a tax invoice after sending to the defendant a written request on the details of the price stated in the tax invoice before the issuance of the tax invoice of this case; ② the defendant appears to have confirmed the plaintiff's claim in advance; ② the plaintiff's remaining details on Nov. 12, 2015 other than the daily work log of the Corporation on Nov. 18, 2015, which were put into the construction site of this case on Nov. 18, 2015; ③ the construction machinery leasing contract on construction machinery Nos. 1 and 1; ③ the construction machinery leasing contract on the mid-term work log of construction machinery shall be based on 8 hours per day; the construction machinery rental contract shall be deemed to have been operated for some hours per day without any reasons attributable to the lessee; the reasons for the plaintiff's partial adjustment of rent shall be deemed to have been operated for 18 hours per day.