손해배상(산)
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
2...
1. Basic facts
A. On December 16, 1994, the network E (LL; hereinafter referred to as “the network”) obtained a construction operator’s license for the digging machines, and completed business registration with the trade name “N” in subparagraph 211 of the M M building at three times, and engaged in the business of leasing the digging machines.
Plaintiff
A is the wife of the deceased, and the children of the deceased B and C are children of the deceased.
B. From January 14, 2009, the Deceased: (a) entered the soyang Construction Machinery Co., Ltd. (hereinafter “Mayang Construction Machinery”); (b) and (c) operated the so-called so-called so-called so-called “Mayang Construction Machinery”); and (d) operated the so-called so-called “Mayang Construction Machinery”)
C. On February 13, 2013, the Deceased purchased F29.9 tons of digging machines fromO (hereinafter “the digging machines of this case”). After completing the registration of change of ownership in the name of the Deceased on the digging machines of this case on February 13, 2013, the Deceased entered the digging machines of this case into the Mayang Construction Machinery.
On November 23, 2015, the Deceased (hereinafter “instant lease agreement”) leased the instant excavation search machine to a multi-water control Co., Ltd. (hereinafter “Typ Resources Development Co., Ltd.”) (hereinafter “instant lease agreement”) at KRW 9,500,000,000 (excluding value-added tax) monthly rent, in total, before and after the change.
The main contents of the instant lease agreement are as follows.
(‘A’ means the Deceased and the “B” means the multi-functional No. 1). Article 2(Work Place) of the P Working Place is Article 3(Lease Period) of the P Working Place
1. The term of this lease shall be from November 23, 2015 to December 22, 2015.
2.If there is no written declaration between A and B prior to the expiration of the lease term, the effect of this contract shall be automatically extended by one month.
Article 4 (Rents)
1. Rent of 9.5 million won (excluding value-added tax) for the search season (excluding value-added tax): Provided, That the rent for a short equipment shall include the amount of wages for articles, depreciation, repair cost, and management expenses;
2. A shall claim a rent by the 25th day of the following month after the end of the monthly work, and B shall be paid in cash by the 25th day of the following month.
3. Work hours (including leave hours) are nine hours (08:0 to 17:00).