장비사용료(노임)
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, a person conducting construction machinery leasing business under the trade name of “C”, entered into a construction machinery lease contract (hereinafter “instant lease contract”) with D Co., Ltd. (hereinafter “Nonindicted Company”) with a price of KRW 20,790,000, and leased a cherbator at the site of the construction of an education hall in Seoul Special Metropolitan City E (hereinafter “instant construction”).
B. As the contractor of the instant construction project, the Defendant, on June 23, 2017, subcontracted the part of the instant construction project to Nonparty Company during the period from June 26, 2017 to October 15, 2017.
C. On September 29, 2017, the Defendant paid KRW 5,000,00, out of KRW 20,790,000 to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 8, 10, 12, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. On September 20, 2017, the Defendant agreed to pay the lease price of this case directly.
① In light of the following: (a) the Defendant paid KRW 5,00,000 to the Plaintiff; (b) the Defendant issued a tax invoice of KRW 20,790,000 to the Plaintiff with the Defendant upon hearing an explanation from the Nonparty Company that the direct payment agreement was reached; and (c) the Defendant recognized the direct payment agreement of the subcontract price to the creditors of the non-party Company other than the Plaintiff and paid the full amount of the payment, it can be known that
However, while denying the direct payment agreement with the plaintiff, the defendant asserts that there is no subcontract price to be paid to the plaintiff since the non-party company paid the construction cost of KRW 50 million to the non-party company after the final repayment to the non-party company, notwithstanding the decision of provisional seizure upon the plaintiff's request.
Therefore, the Defendant is obligated to pay the remainder of 15,790,000 won for the subcontract price that was directly paid to the Plaintiff (=20,790,000 won - 5,000,000 won) and damages for delay.
B. The defendant's assertion is the plaintiff.