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(영문) 수원지방법원평택지원 2019.10.31 2019가단2471

장비사용료

Text

1. The Defendant’s KRW 8,228,00 for the Plaintiff and its related KRW 15% per annum from March 29, 2019 to May 31, 2019.

Reasons

1. Comprehensively considering the overall purport of the arguments in Gap evidence Nos. 4 through 6 as to the cause of the claim, the defendant may use one unit of the plaintiff's accusation equipment from August 6, 2018 to December 14, 2018 to 2,365,000 won (including value-added tax) for the use of contracted construction works by the stock company C. The user fee of KRW 7,315,00 (including value-added tax) is generated using three units of the plaintiff's accusation equipment from August 6, 2018 to December 18, 2018; the user fee of KRW 7,315,00 (including value-added tax) is collected using two units of the plaintiff's accusation equipment from August 9, 2018 to December 14, 2018; and the plaintiff may use the above amount of the user fee of KRW 4,158,00 (including value-added tax) to 00,2018.

According to the above facts of recognition, the defendant is obligated to pay 8,228,000 won and damages for delay payable to the plaintiff, except in extenuating circumstances.

2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim since C agreed to pay the above equipment usage fee to the plaintiff.

The defendant's assertion is without merit, since it is not sufficient to recognize the above assertion only with the statement of No. 1, and there is no other evidence to prove it.

3. Therefore, the Defendant’s legal interest rate of KRW 8,228,00 and the following day after serving the original copy of the instant payment order with respect to the Plaintiff is 15% per annum under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 29, 2019 to May 31, 2019, and the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29678, May 21, 2019), and Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.