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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. The Plaintiff is a person who operates mechanical equipment leasing business, etc. under the trade name of C, and the Defendant is a corporation established for the purpose of manufacturing and developing facilities.
B. From May 2015 to August 2016, 2016, the Plaintiff: (a) set one set of a space between the construction equipment owned by the Plaintiff as KRW 2,200,000 (including value-added tax) monthly rent to D Co., Ltd. (hereinafter “instant equipment”).
(The contract for the lease of equipment was drafted on December 30, 2015; hereinafter referred to as the “instant contract for the lease of equipment”).
D Co., Ltd. failed to pay the equipment rent under the instant equipment rental agreement, and eventually, as of the end of the contract on the lease of equipment, the Plaintiff was unable to pay a total of KRW 3,000,000 (including value-added tax; hereinafter “liability for the instant equipment rent”) for 15 months.
On September 9, 2016, the Plaintiff issued a tax invoice of KRW 33,000,000 to the Defendant. On November 17, 2016, the Defendant paid KRW 10,000 to the Plaintiff.
E. After that, the Plaintiff continued to demand payment of KRW 23,00,000 of the unpaid equipment rent to E, who is the actual representative of the Defendant, via the Kakakao Stockholm message, etc., and the Plaintiff responded several times to the purport that E would pay the Plaintiff a little amount of money.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff, the Defendant, and D Co., Ltd. concluded a subrogation agreement or an agreement to assume the obligation of the equipment rent of KRW 33,00,000,000, which the Defendant owes to the Plaintiff pursuant to the instant equipment rental agreement. Accordingly, on September 9, 2016, the Plaintiff drafted a tax invoice for KRW 33,000,000 to the Defendant. On November 17, 2016, the Defendant repaid KRW 10,000,000, out of the aforementioned KRW 33,000,000, whichever is earlier, and thus, the Defendant remainder to the Plaintiff.