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1. The Defendant paid KRW 5,060,00 to the Plaintiff KRW 6% per annum from April 1, 2016 to June 12, 2018.
Reasons
1. Basic facts
A. On August 20, 2015, the Defendant: (a) subcontracted reinforced concrete construction works among the construction works for new factories of B companies in B companies in B companies in C, which were ordered by B companies; and (b) concluded a subcontract by setting the period from September 1, 2015 to November 30, 2015 with respect to the structural construction of B companies.
B. Although E&S construction was in progress, the period for completion was expired, the Defendant terminated the subcontract with E&S Construction and completed the said construction directly on February 17, 2016.
C. From October 6, 2015 to March 4, 2016, the Plaintiff, who engages in construction machinery rental business under the trade name D, leased 50 tons of and 25 tons of a crypter at the same construction site at the same time during the strike period from October 6 to March 4, 2016.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, 3, 9 (including each number)
2. The assertion and judgment
A. The Plaintiff’s assertion (1) The Plaintiff leased construction machinery such as a flag to the Defendant, and the Plaintiff’s total amount of KRW 27,170,000 arose, and thus, the Defendant is obliged to pay the above usage fee to the Plaintiff.
(2) The Plaintiff leased construction machinery to the Defendant L&S Construction, and thus, received usage fees from E&S Construction. The Defendant did not agree to directly pay the said construction machinery usage fees to the Plaintiff, and rather, paid the construction fees, including the above usage fees, to E&S Construction, there is no reason to accept the Plaintiff’s claim for usage fees
However, after E&S Construction ceased construction, the Defendant’s liability is recognized for KRW 3,300,000 on February 29, 2016, and KRW 1,760,000 on March 31, 2016.
B. (1) The Defendant’s lease of construction machinery from the Plaintiff from February 17, 2016 to KRW 5,060,000 (= KRW 3,300,000).