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(영문) 서울고등법원 2015.11.27 2015나2021521
장비임대료 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 18,084,00 as well as to the plaintiff on September 2014.

Reasons

Basic Facts

A. The Plaintiff’s trade name as “C” or “D” is the name of “E” or “F,” and the Defendant is a person who runs the business of leasing heavy equipment (one-name “PPkkk” pumps are divided into 32M, 36M, 43M, 52M, and 55M depending on the length of the pipeline installed on the back. Of them, those that do not have ductss; hereinafter “serious equipment”).

Gap evidence 10-1, 2

B. The Plaintiff and the Defendant, from November 201 to April 2013, where the heavy equipment to be put into the construction site falls short of the heavy equipment to be put into the construction site, have leased and used the heavy equipment possessed by the other party and settled the costs thereafter.

C. In the process of the aforementioned transaction, the Defendant paid to the Plaintiff KRW 7,750,00,00 in total, KRW 800,000 on January 3, 2012, and KRW 6,950,00 on January 26, 2012, respectively, as the rent for equipment (hereinafter “Defendant’s rent for equipment for equipment payment”). On November 7, 2012, the Plaintiff paid KRW 10,000,000 to the Defendant as the rent for equipment.

(hereinafter referred to as “rent for the Plaintiff’s equipment”). The Plaintiff’s claim amount [a] of the Plaintiff’s assertion and lack of dispute as to the Plaintiff’s submission of the evidence Nos. 5-1, 2, and 8 (based on recognition], the Plaintiff’s submission of the evidence Nos. 5, 8, and 10, and the evidence Nos. 1 (including each serial number; hereinafter the same shall apply), the purport of the entire pleadings, and the purport of the entire pleadings.

Expenses for equipment to be paid by the Defendant

(b) incidental materials to be paid by the Defendant -

C. The Defendant’s fee for the fixed payment equipment - (D)

Rent for equipment to be paid by the Plaintiff -

E. We examine the allegations of the parties regarding each item as calculated with the Plaintiff’s fee for equipment for the payment of the fixed amount.

The Defendant asserts that the rent for equipment is KRW 17,700,000 from November 26, 2011 to June 7, 2012, that there is no dispute between the parties: the Defendant’s assertion that the rent for equipment from November 26, 201 to June 7, 201 is KRW 17,70,00, and the Plaintiff is the Defendant’s above.

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