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(영문) 서울중앙지방법원 2015.04.17 2014가합548446

장비임대료 등

Text

1. The Defendant’s annual interest in KRW 84,716,828 and KRW 83,762,00 among the Plaintiff, from September 13, 2014 to April 17, 2015.

Reasons

Basic Facts

With the trade name of “C” or “D”, the Defendant is a person who runs the business leasing heavy equipment (one-sprink “PPk” pumps are divided into pumps, such as 32M, 36M, 43M, 52M, and 55M according to the length of the pipeline installed on the back side, and those without pipelines among them are the persons who run the business of leasing heavy equipment (hereinafter “serious equipment”).

If heavy equipment to be put into a construction site between November 201 and April 2013 is insufficient, the Plaintiff and the Defendant have leased and used heavy equipment owned by the other party and settled the costs thereafter.

In the aforementioned transaction process, the Defendant paid to the Plaintiff KRW 80 million on January 3, 2012, and KRW 6,950,000 on January 26, 2012, respectively, as the rent for equipment. On November 7, 2012, the Plaintiff paid KRW 10 million to the Defendant as the rent for equipment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 8, 10, and Eul evidence Nos. 1 (including a serial number), and the plaintiff's assertion as to the purport of the whole pleadings as to the purport of the whole pleadings, the plaintiff asserted that the plaintiff transferred part of the rent for equipment to the defendant from November 201 to April 2013, 201. The sum of rent for equipment to be paid by the plaintiff from the defendant is KRW 191,276,040 (i.e., rent for equipment KRW 140,228,00 for equipment) (i.e., rent for equipment KRW 41,048,00 for equipment).

Meanwhile, the rent for the equipment that the Plaintiff is obliged to pay to the Defendant is KRW 52,590,000 in the aggregate of the rent for the equipment from April 9, 2012 to July 21, 2012, and KRW 45,000 in the rent for the equipment for light name KCC equipment from July 25, 2012 to November 2, 2012; and the Defendant paid the Plaintiff KRW 80,000,00 in the rent for the equipment. The Defendant paid the Plaintiff KRW 7,750,00 in the aggregate of the rent for the equipment from July 25, 2012 to November 2, 2012.

Therefore, the defendant is against the plaintiff.