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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. On April 19, 2019 to 23, the Plaintiff engaged in contracting and leasing construction machinery, the Plaintiff received KRW 50,000 per day from the Defendant for the purpose of conducting civil engineering and construction works for a total of 11 days, including April 27, 28, 30, May 2, 2019, and May 2, 3, 2019 (including value-added tax). The Plaintiff leased the Plaintiff’s equipment, such as scrails, at the repair facility renovation and repair site located in the Defendant’s Chungcheongbuk-gun Group C (hereinafter “instant construction site”).
[Ground of recognition] Evidence Nos. 1-1 to Gap evidence No. 4, the testimony of witness D of the first instance court, and the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the equipment user fee of KRW 6,050,000 (=550,000 X 11) and damages for delay calculated at the rate of 12% per annum from September 18, 2019 to the day of full payment, as the Plaintiff seeks.
3. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff did not work by leasing the Plaintiff’s equipment at the construction site of this case.
However, the following circumstances recognized by the evidence and the purport of the entire pleadings are as follows: ① (a) the Plaintiff leased the Plaintiff’s equipment to the construction site of this case and received the signature of D, the Defendant’s site manager at the construction site of this case (Evidence A 1-1-1); (b) the working date indicated in the above construction machinery contract document is consistent with the date indicated by D in the settlement statement (Evidence A-4) on the construction site of this case prepared by D as to the construction site of this case; and (c) the above settlement statement is written as KRW 6,050,000 (including value-added tax) in total with the equipment cost to be paid by the Defendant to the Plaintiff; and (d) the Plaintiff’s supplier on May 16, 2019 as the Defendant and the supplied person as the Defendant.