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(영문) 서울북부지방법원 2017.05.18 2016가단31029

장비대금 등

Text

1. The Defendant’s KRW 163,34 as well as the Plaintiff’s annual rate from December 10, 2016 to May 18, 2017.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion is that the Defendant from April 22, 2016 to the same year.

8. By the end of 20.20, the defendant asserts that he is liable to pay the above fee to the plaintiff, since he leased and used the cream from the plaintiff and did not pay the fee of KRW 47,366,00.

B. In full view of the statements in subparagraphs 1-1 and 2-2 of the evidence No. 1-2 and the purport of the entire pleadings in the testimony of the witness B, the Defendant, who is engaged in the construction business, was awarded a subcontract for the construction of facilities among the non-saak underground roads from the Sayang Industry Development Co., Ltd., and three persons were awarded a subcontract for the construction of the above construction during the construction period from the Mayang Industry Development Co., Ltd., and leased the sae from the Plaintiff around April 2016. The Defendant, upon the request of three companies, agreed to pay the Plaintiff the fees for the use of the saak in lieu of the repayment of the debt to the three companies. The Defendant, upon the request of three companies, agreed to pay the Plaintiff the fees for the use of the saak for May 21, 2016,

6. 21. 21. Recognizing facts that constitute 10,890,000 usage fees, only 3,4 alone, and 12,056,000 usage fees as of July 21, 2016.

8. It is insufficient to recognize that there is KRW 10,450,000 for the fee of 20.20, and there is no other evidence to prove otherwise, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 24,860,00 and 5% per annum under the Civil Act from September 2, 2016 to May 18, 2017, which is the day following the delivery of the complaint in this case, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. As to the judgment on the defendant's defense, the defendant asserted that the defendant paid all the above usage fees to the plaintiff on May 1, 2016 and June 1, 2016. Thus, according to the evidence Nos. 1, the defendant's defense was examined, and the defendant's assertion that the plaintiff paid all the usage fees to the plaintiff on September 13, 2016 and September 10, 2012.