장비임대료 등
1. Of the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) ordering payment in excess of the following amount shall be revoked and that part shall be revoked.
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. 1) The Defendant entered into a lease agreement. The Defendant’s contracted works to maintain and dredge ports (hereinafter “instant construction works”) in the area where he/she takes the responsibility for the deliberation of the Youngbuk-gun.
For B, around April 15, 2014, the Plaintiff and the Plaintiff’s barge No. 1 (ship number: YB-0071, hereinafter “instant vessel”).
2) The lease agreement to lease one unit of a sloping machine (hereinafter referred to as “instant lease agreement”).
The contract has been concluded, and its key contents are as follows:
1. Display of equipment: One motor vehicle for the vessel of this case and one excavation searcher;
2. User fees: Article 3 (Separate Provision of Value-Added Tax) for the instant vessel: 15 million won per month (excluding value-added tax) and for the digging pool, 8 million won per month (Additional Provision of Value-Added Tax).
1. From April 15, 2014 to the end date of work and may be newly constructed under mutual agreement;
(A) 2. “B” shall be notified to “A (Plaintiff)” seven days before the completion of the work.
Article 4 (Work Matters)
1. The members of the leased equipment shall carry out work in accordance with the direction of “B”;
2. “B” shall provide “A with legitimate work instructions”.
3. “A” shall manage the personnel and equipment for the normal performance of the leased equipment.
Article 5 (Methods of Prohibition of Late Payment and Calculation of Rent)
1. The rent shall be calculated on the last day of the applicable month and paid in cash within 40 days as of the last day of the applicable month;
2. The standards for calculating rents shall be based on the 30th day of a month, and shall be settled according to the following formula when using equipment for less than 30 days:
(Application of the number of monthly use days of the excavation season shall apply to the number of days of actual operation according to the place of work, usage fees of equipment = Monthly equipment user fees 】 number of days of monthly use ± 30) Article 6 (Repair of Equipment).
1. A failure due to a breakdown due to the aftermath and the causes attributable to A during the lease period shall be borne by A;
2. A failure due to an unreasonable work instruction of “B” and a cause attributable to “B” shall be borne by “B”.