장비사용료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a person engaged in the construction equipment leasing business, etc. under the trade name of “D”.
The defendant is a company awarded a contract for the "project for the maintenance of sewage conduits in the Yongsan-gu E zone" ordered by Changwon-si.
B. The Plaintiff entered into a contract to lease construction equipment with the Defendant (hereinafter “instant contract”) and provided construction equipment at the construction site that the Defendant performed from February 2, 2017 to April 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) According to the instant contract, the Defendant is obliged to separately pay the Plaintiff the cost of room and board for articles and board, in addition to the cost of construction equipment, and the cost of providing services for the Plaintiff’s preparation of additional construction work execution drawings. The Plaintiff provided the Defendant with construction equipment, articles, and board, etc. according to the instant contract, and prepared additional construction work execution drawings, and the cost shall reach KRW 77,965,240, including the cost of the construction equipment rent of KRW 60,115,00. The Defendant did not pay KRW 39,340,730 among the costs of the construction equipment rent of KRW 39,340,730, and thus, the Defendant is not obliged to pay the Plaintiff the cost of room and board for articles and board or additional service.
Meanwhile, according to the instant contract, the Plaintiff should provide articles in addition to the construction equipment to the Defendant and supply oil. However, the Plaintiff did not provide articles or not supply oil only to the construction equipment at the construction site.
Accordingly, the plaintiff and the defendant directly employed the article and paid the cost of oil, but they should deduct the cost of oil and the cost of oil paid by the defendant from the cost of construction equipment that the plaintiff should pay to the plaintiff.
The Plaintiff’s total amount of rent = KRW 47,978,700 = February 17, 2017.