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1. The Defendant’s Suwon District Court Branch Decision 2014Gaz. 891 (No. 2011) against the Plaintiff.
Reasons
1. Basic facts
A. On May 2010, the Plaintiff was awarded a contract with C for the Construction of Housing for Electric Source (hereinafter “instant Construction”) on one parcel, including Gyeonggi-gun, Gyeonggi-gun, and one parcel of land (hereinafter “instant Construction”).
B. The Defendant leased the pumps to the Plaintiff as follows.
The rent from the sequence 1, 200 on May 22, 2010 6,00,000 on June 8, 2010 3, 200 on June 8, 2010 1,000,000 on June 19, 2010 2,200,000
C. On May 22, 2010 to July 19, 2010, the Defendant asserted that the Plaintiff was obligated to pay 2.8 million won and delay damages therefrom to the Defendant. On February 24, 2014, the Plaintiff filed a lawsuit against the Plaintiff for PPPPPP as Seoul District Court Loan support 2014 Ghana891. On March 24, 2014, the said court issued a decision on performance recommendation (hereinafter referred to as “the decision on performance recommendation”) stating that “the Plaintiff shall pay 2.8 million won to the Defendant and the amount calculated at the rate of 20% per annum from the day following the delivery of the decision on performance recommendation to the day of full repayment.” The instant decision on performance recommendation became final and conclusive on May 23, 2014 to the Plaintiff on May 23, 2014.
(hereinafter referred to as “instant case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 4, 5, and 6-1 through 3, and the purport of the whole pleadings.
2. Determination
A. (i) Of the instant decision on the recommendation of execution, the Defendant’s assertion on the part concerning the claim for the cost of using the pumps arising from the lease on July 19, 2010 (i.e., the Defendant leased the pumps to the Plaintiff on July 19, 2010, and the instant decision on the recommendation of execution became final and conclusive, the Plaintiff is obligated to pay to the Defendant damages for delay calculated at the rate of 20% per annum from May 24, 2014 to the date of full payment, which is the day following the delivery of the instant decision on the recommendation of execution. As such, in the instant decision on the recommendation of execution, compulsory execution based on the above portion concerning the cost of using the pumps is justifiable.
Dor. Dor. 2010.