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1. As to the Plaintiff’s KRW 34,50,000 and KRW 26,000 among them, the Defendant shall pay to the Plaintiff KRW 8,50,000 from November 2, 2013, and KRW 8,500,00.
Reasons
1. Basic facts
A. The Defendant was awarded a subcontract for construction works to increase the bank of the ancient village reservoir located in the Sejong-gun, Chungcheongnam-gun (hereinafter “instant construction works”). On April 2012, the Defendant: (a) around KRW 8,00,000 (excluding value-added tax) monthly rent from the Plaintiff, including a pilot; (b) paid the rent of KRW 8,00,000 (hereinafter “instant construction machinery”); and (c) on the basis of eight hours a day and 200 hours a month (hereinafter “agreement operation hours”); and (d) the monthly rent of KRW 50,000 a day when the agreement operation hours exceed the agreed operation hours, the criteria for the monthly rent to be deducted from the monthly rent was set at KRW 50,000 a day (excluding value-added tax) and the monthly rent was leased (hereinafter “instant lease”).
B. Pursuant to the instant lease agreement, the Plaintiff invested the instant construction machinery at the construction site; and Nonparty B, the pilot, had Nonparty B work while waiting at the instant construction site until October 2, 2013. During May 1, 2013, the Plaintiff carried out work in excess of 4 days and 5 days during the agreed working hours during the period of May 2013.
C. From May 16, 2013 to October 30, 2013, the Defendant paid to the Plaintiff KRW 3,850,000 for three months from March to September 9, 2013 (including value-added tax) (i.e., value-added tax of KRW 3,500,000), KRW 2,750,00 for April (i.e., value-added tax of KRW 2,50,000 for five months), KRW 8,80,000 for five months (i.e., rent of KRW 8,00,000 for KRW 8,80,000 for value-added tax of KRW 8,80,000 for six months), KRW 8,800,000 for value-added tax of KRW 8,000 for six months (= value-added tax of KRW 8,000 for value-added tax of KRW 8,005,005).
【Ground of recognition” has no dispute, Gap No. 1, 2, and Eul.