장비임대료
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. The Plaintiff, the cause of the instant claim, upon receiving a request from the Defendant to put the file filing device into the construction site of the Busan-gun apartment building C (hereinafter “instant construction site”), posted a large number of equipment outside the file device exclusive equipment (hereinafter “the instant equipment”) from October 14, 2013 to November 27, 2013, and put them into the articles and figures at the construction site of the instant case.
Since the rent for the instant equipment invested by the Plaintiff at the construction site of this case is KRW 56,163,753, labor cost is KRW 31,020,001, and transportation cost is KRW 13,695,00,00, the Defendant should pay the Plaintiff a total of KRW 100,878,754, and damages for delay.
2. Determination
A. Basic facts 1) On September 1, 2013, the Defendant was awarded a subcontract for the part of file-off equipment installation among C apartment construction works performed by the said company from D, Inc. (hereinafter “D”) around September 2013, the Defendant entered into a lease agreement with D, Inc. (hereinafter “D”), under which the Defendant leased the file-off equipment exclusive equipment to be used at the instant construction site, and the Defendant settled the cost upon demand in accordance with separate standards, and the amount of personnel expenses shall be borne by D, and all of the oil units due to the operation and operation of the equipment shall be borne by D, and all related matters, such as repair costs necessary for the maintenance of equipment failure and operation, shall be borne by D under its responsibility.
3) On October 15, 2013, the Plaintiff: (a) posted the instant equipment at the instant construction site and completed assembly by October 20, 2016; and (b) carried out the instant equipment at the instant construction site from October 21, 2013 to November 26, 2013; and (c) took out the instant equipment at the instant construction site on November 27, 2013. [Grounds for Recognition] without dispute; (d) evidence Nos. 1, 1, 2, and 6 (each entry and the entire purport of pleadings, including household numbers)
B. As seen earlier, the Plaintiff: (a) placed the instant equipment at the instant construction site from October 21, 2013 to November 26, 2013; and (b) carried out navigational operations; (c) however, the Plaintiff and the Defendant are related to the instant equipment.