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(영문) 대전지방법원천안지원 2019.10.16 2019가단108035
장비사용료
Text

1. The Defendants shall jointly and severally serve as KRW 35,546,00 on the Plaintiff and as a result, from April 11, 2019 to June 13, 2019.

Reasons

If the purport of each statement in Gap evidence Nos. 1 through 7 is added to the purport of the entire pleadings, the plaintiff provided construction equipment (cicker) according to the order issued by the defendant Co., Ltd. from June 4, 2018 to August 11, 2018, and paid a total of KRW 40,546,000. The defendants agreed on February 28, 2019 to jointly and severally pay KRW 20,300,000 out of the said money to the plaintiff until April 10, 2019. If the above payment is delayed, the defendants promised to lose the benefit of the period, and the defendants paid KRW 5,00,000 to the plaintiff by April 10, 2019.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 35,546,00 won (=40,546,000 won - 5,000 won - 5,000,000 won) and damages for delay at each rate of 12% per annum under the Commercial Act from April 11, 2019 to June 13, 2019, which is the final delivery date of the copy of the complaint of this case, as sought by the plaintiff, and from the next day to the day of full payment.

The plaintiff's claim is reasonable within the scope of the above recognition, and it is so decided as per Disposition.

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