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(영문) 대전지방법원서산지원 2020.09.09 2020가단50114
장비대금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 34,50,000, and 6% per annum from February 3, 2019 to June 10, 2020.

Reasons

1. Indication of claim;

A. The Plaintiff is a person engaged in construction machinery contracting and lending business under the trade name of “E” in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendants are those who run a business with the trade name of “F” at the same time.

B. Under the payment agreement with Defendant C on October 25, 2018, the Plaintiff entered into a contract for the lease of construction machinery with the amount of KRW 9 million per month (excluding value-added tax) and the period of use from October 25, 2018 to February 2, 2019 with respect to the site of “H site creation and civil engineering works” located in Ansan-si G, Ansan-si. However, the Plaintiff was unable to receive KRW 34,500,000 from the Defendants for equipment costs under the lease agreement, even though the Plaintiff was on the lease of a digging machine at the same construction site from October 25, 2018 to February 2, 2019.

2. Grounds for recognition;

(a) Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

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