The Plaintiff is an individual entrepreneur who engages in construction machinery rental business under the trade name of “B,” and the Defendant is a company that aims at soil construction business, etc.

From May 1, 2017 to September 29, 2017, the Plaintiff, at the Defendant’s request, engaged in the excavation work at the site of the female-Nam-Naming Road Packaging Work (hereinafter “instant Construction Work”).

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings.

Judgment

According to the above evidence and the statements in Gap evidence Nos. 3 through 5, the fact that the plaintiff performed the excavation work at the defendant's request, and the fact that the plaintiff's work cost for the equipment amounting to 51,837,500 is recognized. Thus, the defendant shall pay the above equipment cost to the plaintiff.

The defendant asserts that "the defendant agreed to pay the plaintiff's equipment cost after receiving the construction cost from the Gyeonggi-do Construction Headquarters, which is the ordering office of the instant construction project," and that "the plaintiff is unable to receive the construction cost from the ordering office due to the provisional attachment of the defendant's claim for the construction cost against the ordering office."

However, there is no evidence to prove that the Plaintiff and the Defendant agreed to settle the equipment cost after receiving the work cost from the ordering office, and therefore this part of the Defendant’s assertion is rejected.

Therefore, the Defendant shall pay to the Plaintiff the equipment cost of KRW 51,837,500 and damages for delay calculated at the rate of 15% per annum from November 24, 2017 to the day of full payment, as the Plaintiff seeks after the completion of the Plaintiff’s work.

The plaintiff's claim is accepted.