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(영문) 의정부지방법원 2018.09.13 2018가단4086

중장비 사용료

Text

1. The Defendant’s KRW 24,200,00 for Plaintiff A, and KRW 19,80,000 for Plaintiff B, and each of them from July 27, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiffs are persons engaged in construction machinery rental business in Gyeonggi-do, and the Defendant is a company engaging in civil engineering and construction business.

B. The Defendant was performing the annual C&D works from the Agricultural Technology Center under a contract with the Plaintiffs during the period from March 7, 2017 to the same year.

6.4. Until April, a lease agreement was concluded to lease heavy equipment, and the equipment was handed over from the Plaintiffs.

C. The user fee of the heavy equipment agreed to be paid by the Defendant to the Plaintiff A is KRW 24,200,000, and the user fee of the heavy equipment agreed to be paid to the Plaintiff B is KRW 19,800,000.

[Ground of recognition] Evidence No. 2-1, 2 (Direct Payment Agreement for Construction Machinery), Evidence No. 3-1, 2 (Notification of Contents), Evidence No. 4 (wholly Certificate of Registered Matters) and the purport of the whole pleadings

2. The plaintiffs shall claim the payment of user fees of each of the heavy equipment and damages for delay from the day after the day of service of a copy of the complaint of this case to the day of full payment.

3. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;