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(영문) 전주지방법원정읍지원 2016.12.13 2016가단354
장비사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 23,947,50 and the interest rate of KRW 15% per annum from January 16, 2016 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion: (a) from March 2014 to April 2014, the Plaintiff leased equipment owned by the Plaintiff to the Defendant from March 2014 to April 2014; (b) the amount equivalent to the rent is KRW 29,947,500; and (c) the Defendant paid only KRW 6 million.

Therefore, the defendant is obliged to pay the remainder user fee of KRW 23,947,50 and damages for delay.

B. The plaintiff alleged by the defendant that the defendant used the plaintiff's equipment at the construction site of the defendant, but there is no specific evidence and evidence to acknowledge this. Thus, the plaintiff's claim is improper.

2. Comprehensively taking into account the written evidence Nos. 1 through 4, the Defendant is the subcontractor for the construction of auxiliary stadium-based facilities, and the Plaintiff March 31, 2014.

4. On February 30, 200, the Defendant issued a tax invoice of KRW 29,947,500 in total (i.e., KRW 16,940,000 for March 16, 2014) and KRW 13,007,50 for April 13, 2014; and the Defendant paid KRW 6 million in total to the Plaintiff’s side on October 1, 2014 and November 19, 201.

According to the above facts, the Plaintiff leased the equipment under construction to the Defendant KRW 29,947,50,00, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 23,947,50 (i.e., KRW 29,947,500 - KRW 6,000) and damages for delay calculated at the rate of 15% per annum from January 16, 2016 to the date of full payment after the copy of the instant complaint was served.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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