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(영문) 대구지방법원영덕지원 2015.09.22 2015가단1135
중장비사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 30,398,522 and interest rate of KRW 20% per annum from June 4, 2015 to the day of complete payment.

Reasons

1. If the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1 and 2 (including the paper number), the plaintiff is running construction machinery rental business in the name of "B", and the plaintiff leased equipment to the defendant from March 2013 to November 2014. The reasons for the rent on the part of the defendant are as follows: (a) the defendant repaid the plaintiff KRW 67,321,215 in total from April 2013 to December 2014.

According to the above facts, the defendant is obligated to pay to the plaintiff the remaining user fee of KRW 30,398,52 (i.e., KRW 97,719,737 - KRW 67,321,215) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 4, 2015 to the date of full payment, as claimed by the plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff paid approximately KRW 14 million, which is part of the usage fees to be paid to the Plaintiff, to C.

Therefore, this part of the money must be deducted.

B. There is no evidence to acknowledge that the Defendant paid part of the fee to be paid to the Plaintiff to C.

Even if the Defendant paid a part of the fee to C, such circumstance alone cannot assert the Plaintiff’s deduction of the above amount.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is justified, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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