1. The Defendant’s KRW 45,080,200 and the Plaintiff’s annual rate of 5% from June 1, 2018 to August 28, 2018.

Facts of recognition

On May 2, 2017, the Plaintiff entered into a contract for the lease of heavy equipment with the Defendant for the maintenance of the training center of the Do reserve forces located in Docheon-gu, Namcheon-gu, Namcheon-gu, and leased heavy equipment to the Defendant from May 2, 2017 to July 2, 2017. The rent for the lease of heavy equipment during the above period is 8,330,00, and there is no dispute between the parties or may be recognized by comprehensively taking into account each of the statements in subparagraphs A, 1, 2, and 3 (including the serial number) and all of the arguments.

According to the above fact-finding on the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the balance of the rent of heavy equipment 88,330,000 won and damages for delay from March 31, 2018, which is the day following the delivery of the copy of the complaint, as requested by the plaintiff.

On the other hand, on May 31, 2018, the Plaintiff was paid 44,00,000 won out of the above mid-term equipment rental fee from the Defendant and there is no evidence to prove that there was an agreement between the Plaintiff and the Defendant regarding appropriation for the above repayment. Thus, the Plaintiff’s damages for delay based on the annual rate of 5% from March 31, 2018 to May 31, 2018, 750,200 won (i.e., 88,330,000 x 0.05 x 62/365 x 62/65 x 4,000 won (i.e., 44,000,000 won) out of the above repayment amount to 88,330,000 won, 750,700 won - 3084,208,20830,208 won out of the principal amount of the loan (=).

Therefore, the Defendant is obligated to pay to the Plaintiff 45,080,200 won in balance of the above mid-term equipment rental fee and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from June 1, 2018, which is the day following the above repayment date, to August 28, 2018, which is appropriate for the Defendant to dispute over the scope of the above repayment obligation, and 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full repayment.

In conclusion, the plaintiff's claim is justified within the above scope of recognition.