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1. The Defendant shall pay to the Plaintiff KRW 43,340,00 and the interest rate of KRW 15% per annum from October 7, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On January 2015, the Plaintiff: (a) received D’s request with respect to the removal of housing in the Busan Shipping Daegu C Housing Redevelopment Project Zone, which was performed by the Defendant, from the Defendant’s site manager; and (b) leased the digging season from January 29, 2015 to April 28, 2015, and performed removal work.
B. The fee for the above digging machines shall be KRW 39.4 million.
[Ground of recognition] The partial entry of Gap evidence 3-1 to 26, E's testimony, witness D's partial testimony, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 4,340,000 won (=39,400,000 won value-added tax of 39,440,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 7, 2015 to the day of full payment, as requested by the plaintiff.
Defendant asserted that E (F) only entered into a contract for equipment leasing with E (F) and the Plaintiff is merely a subcontractor of E. However, the following circumstances acknowledged by the aforementioned evidence, namely, ① from January 2015, E was unable to put the equipment at the construction site of a housing redevelopment project zone due to the work at another site, and at the time of commencing work again on April 2015, E was testified that at the time of the Defendant’s site manager, the Plaintiff used the equipment and the user fee was responsible for the Defendant’s failure to put the equipment, such as digging machines, and that D requested the Plaintiff to put the equipment directly, and that the Plaintiff was willing to pay the equipment directly at the Defendant’s site. ② The Plaintiff’s testimony consistent with the testimony, i.e., the document confirming the contents of the work at the Plaintiff’s site, is written “F” as well as the Defendant’s trade name, and the above confirmation is written as the Defendant G contract.