(영문) 대전지방법원 2016.03.29 2015가단21858

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(영문) 대전지방법원 2016.03.29 2015가단21858

약정금

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1. The Defendant shall pay to the Plaintiff KRW 31,366,00 and the interest rate of KRW 15% per annum from May 29, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. As a company running construction machinery rental business, the Plaintiff entered into a contract on equipment lease with the Plaintiff to rent one unit (hereinafter “instant construction machinery”) owned by the Plaintiff from June 23, 2014 to August 12, 2014 at the site of another fish bank’s house construction (hereinafter “instant construction site”) with a Sejong-si vibration Co., Ltd., Ltd. (hereinafter “Mo-si Construction”), with a view to paying KRW 91,36,000 for rent.

B. The Plaintiff leased the instant construction machinery at the instant construction site upon the request of the Large Building, completed all construction works, and issued a tax invoice of KRW 91,366,00 in total, KRW 32,120,00 on August 14, 2014, with respect to equipment rent as a person being supplied with on-site construction.

C. On the other hand, on the other hand, the 40,000,000 won out of the rent for equipment was paid to the Plaintiff, but the remainder of 51,36,000 won was not paid.

On January 20, 2015, the Defendant, the principal contractor at the instant construction site, and the Plaintiff drafted a written statement of non-performance that the Defendant would not raise any civil, criminal objection against the payment to the Plaintiff directly (hereinafter “instant written statement of non-performance”).

[Ground of recognition] The items of evidence Nos. 1-1, 2, and 1-2, and the purport of the whole pleadings

2. Determination:

A. In light of the above facts, it is reasonable to conclude that the Defendant, the principal contractor at the construction site of this case, promised to pay the Plaintiff the equipment rent of KRW 31,366,00 to the Plaintiff directly.

Therefore, the defendant's KRW 31,366,00 and the payment order in lieu of the delivery of the complaint of this case, as requested by the plaintiff, shall be 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 29, 2015 to the date of complete payment, which is clear to the day following the delivery of the written order in lieu of

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