장비대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Basic facts
A. (1) On July 4, 2018, the Plaintiff and the Defendant entered into a dredging line lease agreement (hereinafter “humping construction”) and the dredging construction (hereinafter “hump construction”) of the C Sewerage priority management area.
With respect to dredging vessels (U.S. E model, hereinafter referred to as “instant dredging vessels”) with the following content:
3) A lease agreement was concluded (hereinafter “instant lease agreement”).
- The lessor: The Plaintiff, the lessee, and the name of the contract: the Defendant - the lease of dredging lines (including barges, ship penss, ancillary equipment, and wages of three seafarers): Contract price: KRW 37,00,000 per month (excluding value-added tax) - Contract period: from August 1, 2018 to January 31, 2019 (lease and operation of equipment - payment of the price):
1. Expenses incurred in input and removal of equipment: The lessee shall be liable;
2. Prepaid money: 50,000,000 won;
3. A progress payment: It shall be made in cash within five days after receipt of progress payment in accordance with the nature of the prime contractor and after deducting advance payment according to the dredging quantity.
2) The lease agreement prepared at the time of entering into the instant lease agreement includes the following terms and conditions as general terms of the contract. Article 2 (Scope of Duties and Obligations)
2. “B”’s scope and obligation 1) “B” should begin to install equipment at the same time as the contract is, and shall put equipment in accordance with the work programme. 5) “B” shall ensure the completion of construction by ensuring the operation of equipment by taking into account the equipment capacity and the situation of sudden breakdown.
(hereinafter referred to as “B” in Article 3 (Omission) “B” shall assemble dredging vessels within a fixed period, and “A” shall pay KRW 50,000,000,000, in a lump sum or in installments, at the same time as the contract is concluded.
The remainder of the rent shall be paid except in accordance with the ratio of the completion of the construction work when the completion of the construction work is received.
B. On September 3, 2018, the Plaintiff invested the instant dredging boat and ancillary equipment at the site of the dredging project, and according to the Gap evidence No. 6, the Plaintiff was on the daily work day of September 3, 2018.