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(영문) 서울중앙지방법원 2014.09.16 2013가단238462

장비임대료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant subcontracted the instant construction work among the construction work of new urban-type B (hereinafter “instant construction work”) in Sungnam-gu, Sungnam-gu, which was ordered by Ilsung Construction Co., Ltd., to C. However, the Plaintiff leased concrete pumps to C from December 8, 2011 to May 26, 2012.

B. As to the instant construction project, the Plaintiff added one concrete pumps from December 30, 201 to 20:20 on December 30, 2011. From February 18, 2012, the Plaintiff added one concrete pumps to 06:30 to 21:00 on February 18, 2012, and continued to perform additional work for 6 hours and 30 minutes from March 17, 2012, by inserting a concrete pumps from 06:30 to 04:00 on March 18, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, 6, 14, Gap evidence 2-1, Gap evidence 5, witness D's partial testimony, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant is obligated to pay 50% of the equipment rent for the equipment to the Plaintiff on or around December 30, 201 through the Field Director E in the event that the Plaintiff’s concrete pumps are engaged in the additional work due to the on-site circumstances. The Defendant is obligated to pay to the Plaintiff KRW 1,430,000 out of the equipment rent for the equipment rent for the equipment due to the additional work on December 30, 201 in accordance with the above agreement. < Amended by Act No. 11306, Feb. 18, 2012; Act No. 11304, Mar. 17, 2012; Act No. 13068, Feb. 18, 2012; Act No. 1300, Oct. 30, 2000; Act No. 11306, Mar. 17, 2012>

3. As examined earlier, the Plaintiff agreed to directly pay 50% of the equipment rent for the instant concrete pumps additional work to the Plaintiff during the period between December 30, 201 and February 6, 2012, and 30 minutes from February 18, 2012. However, the Defendant agreed to pay 50% of the equipment rent for the instant concrete pumps additional work to the Plaintiff.