(영문) 대구지방법원 2020.10.30 2020가단103808

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(영문) 대구지방법원 2020.10.30 2020가단103808

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in concrete pumps lending business in trade name C.

The Defendant is a contractor of the aggregate building in the Daegu Suwon-gu D Apartment Construction Site (hereinafter “instant apartment construction site”), and is a company that received concrete pumps equipment rental from the Plaintiff.

B. On November 2016, the Plaintiff entered into a contract with the Defendant to lend pumps to each of the newly constructed apartment sites of this case by setting the contract period as “from November 1, 2016 to November 30, 2018”, “the underground floor of a lot of land: 6,000 won, low-rise: 4,000 won (excluding value-added tax)”, “payment of usage fees in cash,” and “payment of 21 days after the end of the 20th day of each month,” respectively.

C. The Defendant paid to the Plaintiff KRW 338,810,00, value-added tax totaling KRW 33,881,00, and KRW 372,691,000, as equipment usage fees under the above equipment lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 5 and 6 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the terms and conditions of the pumps lending provided to the Defendant among November 2016, are not separately collected, and the costs of the mechanical lease based on the type of pumps are set at 6,000 won per 1 cubic meter on the premise that the equipment is put into the site from 7:0 a.m. to 5:00 p.m. per day, and the underground structure shipbuilding works simultaneously conducted under the method of the p.m. which is based on the premise that the equipment is put into the site from 7:0 a.m. to 5:00 p.m., and the ground structure construction works are set at 4,000 won per 1 cubic meter. In the case of the Plaintiff, there were requests for the loan of the pumps from other construction sites, and if the use of the pumps is not necessary differently from the plan according to the on-site situation during the total period of the lease, the Defendant accepted the said conditions by the Plaintiff and the

In the case of the new apartment site of this case.

유사 판례

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-대전고등법원 2019.08.29 2019나10710

-대전지방법원홍성지원 2019.01.17 2017가합824

-수원지방법원여주지원 2015.06.03 2014가단7652

-서울남부지방법원 2019.04.12 2018가합109630