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(영문) 춘천지방법원강릉지원 2016.06.07 2015나2468
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. From December 16, 2014 to February 10, 2015, the Plaintiff leased concrete pumps (hereinafter “the instant construction machinery”) to be used by the Defendant in “Bhouse slot Construction Site.”

B. The Plaintiff, while leasing the instant construction machinery to the Defendant during the above period, did not receive KRW 3.52 million out of the rent.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Judgment on the assertion

A. According to the above facts, the defendant is obligated to pay to the plaintiff 3,520,000 won and 15% per annum from July 18, 2015 to September 30, 2015, which is the day following the delivery date of the original copy of the instant payment order sought by the plaintiff, to September 30, 2015, the statutory interest rate of Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015).

B. The defendant defense that he was unable to pay the above rent to the plaintiff on the ground that he was unable to receive the construction cost from the Dad Forest Development Co., Ltd., which is the place where the above construction was ordered. However, the above circumstance alone does not constitute a ground for refusing to pay the above rent or seeking a deferment of the due date

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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