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(영문) 부산지방법원 2020.10.28 2020나53163
공사대금
Text

Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On March 7, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the term of use from March 20, 2017 to October 30, 2018, under which the Plaintiff leased the Defendant an unmanned workshop to be used at the site of the construction of an officetel in Busan-gu Busan (hereinafter “the instant workshop”) as the amount of KRW 156,50,000 (excluding value-added tax).

(hereinafter “instant lease agreement”). B.

According to the general terms and conditions of the construction machinery lease agreement attached to the instant lease agreement, the rental fee shall be deemed to include the construction machinery operator's wages, the cost of mechanical repair (repair, maintenance, and management expenses) (Article 4(2)), and the cost of disassembly and assembly shall be borne by the lessee in principle, and the amount shall be determined by agreement between the lessor and the lessee. The other expenses, such as the provision of accommodation and lodging, the cost of consumption, repair, etc., of the construction machinery operator, are

C. In addition, according to the detailed statement of contract attached to the back of the general terms of the instant lease agreement and the standard terms of construction machinery lease agreement (hereinafter “the detailed statement of contract in this case”), the amount used is calculated by multiplying the unit price for each item by 156,500,000 won (excluding value-added tax).

Around May 15, 2017, the Defendant began to use the instant workshop by receiving a conference from the Plaintiff. Around December 2017, 2017, the fruit of the instant server was replaced, and around July 2018 and October 2018, the breing was added once to the instant workshop, and around September 2018 and October 201, the creping was installed in each of the instant workshops, and the use was terminated on December 4, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 26 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings.

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