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Reasons
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(영문) 서울중앙지방법원 2019.02.14 2018가단56801
장비임대료
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1. The Defendant: (a) KRW 27,800,000 to Plaintiff A; and (b) KRW 12,300,000 to Plaintiff B; and (c) to each of them from April 19, 2018.

Reasons

1. Facts of recognition;

A. From April 7, 2017 to June 24, 2017, Plaintiff A lent equipment equivalent to KRW 30,300,000 of the equipment rent to “E site” performed by the Defendant, and repaid KRW 2,50,000 from the Defendant, but did not receive the remainder rent of KRW 27,80,000.

B. From November 28, 2016 to May 24, 2017, Plaintiff B lent equipment equivalent to KRW 14,800,000 of the equipment rent to “E site” performed by the Defendant, and repaid KRW 2,50,000 from the Defendant, but did not receive the remainder of KRW 12,30,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Eul evidence 1-2 and 3-3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition under Paragraph (1) of the judgment on the cause of the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the unpaid rent of equipment at the rate of KRW 27,80,000, KRW 12,300,000 to the Plaintiff B, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 19, 2018 to the date of full payment, as the Plaintiffs seek.

B. As to the Defendant’s assertion, the Defendant: (a) issued a tax invoice of KRW 12,100,000 in total to seek the payment of the equipment rent; and (b) the Defendant paid KRW 9,980,00 in duplicate; and (c) claimed that the rent for the equipment unpaid to the Plaintiff B is KRW 2,120,000.

According to the statement in the evidence No. 2-1 through No. 3, the defendant paid to the plaintiff B KRW 3,980,000 on December 16, 2016, and paid KRW 1,500,000 on November 2, 2017, and KRW 3,000,000 on December 5, 2017. The plaintiffs are those who received KRW 500,000 from the defendant on October 31, 2017.

Meanwhile, according to the statement No. 1-1, Plaintiff B issued a tax invoice of KRW 4,180,000 to the Defendant on October 30, 2016, and Plaintiff B.

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