건설장비사용료
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 21,392,80 and 15% per annum from June 10, 2016 to the date of full payment.
1. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 3 (including branch numbers in which the number is available) as to the claim against the defendant Eul corporation and the witness Eul's testimony, the plaintiff, who leases construction machinery and sells aggregate in the name of Eul, at the request of the defendant Eul Co., Ltd. (hereinafter "B") from October 19, 2014 to February 26, 2015, lent construction machinery and supplied aggregate at the site of the G Site Development Project in Busan, Busan, Busan, and even if the plaintiff, at the request of the defendant Eul Co., Ltd. (hereinafter "B"), did not receive KRW 21,392,800 in total rental fees and aggregate aggregate from the defendant Eul.
According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 10, 2016 to the day of full payment, as requested by the Plaintiff, as well as KRW 21,392,80,00, which is the day following the delivery of a copy of the complaint of this case.
As to this, Defendant B alleged to the effect that he agreed to pay the amount of rental fees and ex post facto aggregate, but there is no evidence to support this, Defendant B’s assertion is without merit.
2. As to the claim against Defendant C, the Plaintiff promised to pay the rental fee and aggregate payment for the construction machinery continuously put in around December 30, 2014 so that the construction work can be completed, the Plaintiff agreed with Defendant C to pay the above rental fee and aggregate payment jointly with the Defendant B. As such, the Defendant C asserted that the above rental fee and aggregate payment are jointly and severally liable with Defendant B. Thus, it seems unclear whether Defendant C promised to pay the above rental fee and aggregate payment as the representative director of Defendant B, or whether Defendant C promised to pay the above rental fee and aggregate payment together with Defendant B.