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1. Of the judgment of the court of first instance, the part against the Plaintiff ordering payment under the following among the parts against Defendant B.
Reasons
1. Basic facts
A. Around July 2010, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a construction contract with the F of Incheon Metropolitan City Strengthening-gun, Incheon Metropolitan City with a construction cost of KRW 122,734,000 in respect of “the instant construction works” (hereinafter “instant construction works”).
B. Around October 2010, the Plaintiff requested the Defendant Company to rent equipment necessary for the construction from H, an on-site agent and an on-site manager of the Defendant Company. On October 15, 2010, the Plaintiff provided two dump trucks (15 tons) at the construction site of this case at the instant construction site on April 24, 201 and provided 16 dump trucks (6W) each, respectively, on a total of 15,125,00 won. The equipment usage fee is the sum of 15,125,00 won.
C. On November 30, 2010, the Plaintiff issued a tax invoice amounting to KRW 2,915,000 among them to the Defendant Company, and accordingly, the Defendant Company paid KRW 2,915,00 to the Plaintiff on June 3, 201, but did not pay the remainder of the equipment usage fee.
【Ground for recognition】 The fact that there has been no dispute, Gap 1 through 10, 11, 13, 14, and 18, Gap 1 to 10, 14, and 18, the witness I's testimony, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the Defendant Company’s claim 1), the Plaintiff’s field agent provided construction equipment, such as dump trucks, to the construction site upon request from the head of the site site at the Defendant Company, and the Defendant Company paid some of them to the Plaintiff. As such, the Defendant Company paid to the Plaintiff the remainder of equipment usage fee of KRW 12,210,00 (=i.e., 15,125,00-2,915,00, and the following day after the delivery of the instant complaint, as sought by the Plaintiff, is apparent from August 1, 2015 to August 21, 2016, which is the date when the judgment of the court of first instance is rendered.