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(영문) 울산지방법원 2015.04.29 2015가단1412

건설장비대여료

Text

1. The Defendants are jointly and severally and severally liable for KRW 23,326,875 and KRW 11,400,000 from January 1, 2013 to KRW 9,806,250.

Reasons

1. The Plaintiff’s judgment as to the cause of the claim is acknowledged in full view of the purport of the oral argument as follows: (a) the Plaintiff engaged in the construction equipment leasing business; (b) the Defendants engaged in the business of collecting and removing scrap iron in the same trade; and (c) the Defendants, from November 8, 2012 to November 20, 2012 when leasing construction equipment from the Plaintiff to November 20, 2012; (d) the equipment rental fee of KRW 11,40,000 (including value-added tax); (e) May 24, 2013; and (e) July 19, 2013 to July 25, 2013; and (e) the Defendants failed to pay the equipment rental fee of KRW 9,806,250 (including value-added tax) respectively.

Therefore, the Defendants are jointly and severally obligated to pay the equipment rental fees of KRW 23,326,875 (including value-added tax) and damages for delay calculated at each rate of 20% per annum under the Commercial Act for KRW 11,400,000 from January 1, 2013, and for KRW 9,806,250 from January 1, 2014 to December 18, 2014 when the application for the payment order was served to each Defendant from January 1, 2014 to December 18, 2014; and damages for delay calculated at each rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The plaintiff's claim against the defendants is justified.