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1. The Defendant’s KRW 132,357,50 and the Plaintiff’s annual rate of KRW 5% from March 18, 2016 to July 1, 2016, and the following.
Reasons
1. Basic facts
A. The Plaintiff is running construction machinery contract and rental business, and C is operating “D”, and the Defendant is running construction machinery sales and rental business while operating “E”.
B. On February 8, 2010, the Defendant: (a) newly registered thekive tea listed in Attached Table 1 (hereinafter “the instantkive tea”); (b) transferred the instant tea to C on August 4, 2010; (c) around April 201, C sold the instant tea to the Plaintiff at KRW 135 million; and (d) transferred the instant tea to the Plaintiff on April 27, 201.
C. Around February 2012, the Plaintiff received the determination of passing a regular inspection on the instant forking vehicles, but around February 26, 2014, the Plaintiff was issued an order to repair construction machinery from the net market on March 7, 2014, on the instant forking vehicles, which were implemented by the Chungcheongnam-Nam Construction Machinery Inspection Station, on the ground that “the length, width, height, and motor difference” was inappropriate in the regular inspection on the instant forking vehicles.
From June 30, 201 to June 30, 2012, the Plaintiff disbursed a total of KRW 4,715,000 as the repair cost for the instant for the instant forkup vehicles, as shown in the attached Table 2, as shown in the attached Table 2.
E. On May 1, 2011, the Plaintiff leased the instant car between Dong-gu, Dong-gu, Ltd. and the business office of Dong-gu, with the term of lease from May 1, 2011 to April 30, 2012, and the monthly rent of KRW 11 million (including value-added tax).
(2) The Plaintiff leased a new forkup (G) from F as a rental period from June 1, 201 to April 30, 2012, and the monthly rent is KRW 10,000 (including value-added tax) to the same condition as the place of business in the East-gu, Seoul Special Metropolitan City.
The above lease is referred to as "the second lease of this case," and "the rent that was disbursed pursuant to the second lease of this case" is referred to as "the rent of this case."
2) 【Facts without dispute over the grounds for recognition, Gap’s evidence 1 to 13, 16 and Eul’s evidence 1 and 2, hereinafter.