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1. The Defendant shall pay KRW 5,596,00 to the Plaintiff the annual rate of KRW 12% from June 21, 2019 to the day of complete payment.
Reasons
1. Judgment on the plaintiff's assertion
A. 1) The Plaintiff is engaged in equipment leasing business under the trade name of “C”, and the Defendant is a company that conducts construction business. 2) The Defendant concluded a dump truck lease contract with the Plaintiff after being awarded a contract with D for construction work for the E complex on the racing-si.
3) Under the above lease agreement, the Plaintiff injectedd a dump truck from July 1, 2018 to December 31, 2018 to work in accordance with the Defendant’s instructions. The equipment user fee is KRW 5,596,000 in total (hereinafter “instant equipment cost”).
(4) On May 22, 2019, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of the instant equipment cost, but the Defendant did not pay it.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to pay the Plaintiff the instant equipment cost of KRW 55,596,000 and damages for delay, unless there are special circumstances.
2. On June 28, 2019, the Defendant paid KRW 13 million, which is part of the instant equipment costs, to the Plaintiff on June 28, 2019, and the Plaintiff did not file a lawsuit against the Defendant regarding the remainder of equipment costs between the Plaintiff and the Plaintiff at the time, and the Defendant agreed to pay the instant equipment costs through consultation with the Plaintiff since the Defendant’s lawsuit for claiming construction costs against D is pending, so the Defendant did not have any obligation to pay the instant equipment costs to the Plaintiff. However, the Defendant did not have any evidence to acknowledge the partial payment of the equipment costs and the fact of the agreement as alleged above, and there is no ground for
3. In conclusion, the Defendant is from June 21, 2019 to the day of complete payment, which is the day following the service of the original copy of the instant payment order, with respect to the Plaintiff’s equipment costs of KRW 55,596,00.