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(영문) 대전지방법원서산지원 2017.06.27 2016가단7526
장비사용료
Text

1. The defendant shall pay to the plaintiff KRW 29,981,875 and KRW 22,859,650 among them, from November 4, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant (formerly: Company B) received supply of C (hereinafter “instant construction”) from the members integrated construction company (hereinafter “large Construction Company”).

On March 2015, the Defendant requested the Plaintiff to lease construction equipment, such as digging machines, at the construction site of this case, and the Plaintiff leased construction equipment to the construction site of this case through land owners as well as the equipment owned by the Plaintiff.

B. As to the rent of the above equipment, the Plaintiff issued a tax invoice on June 30, 2015, stating each of the above equipment’s rent amounting to KRW 32,876,250, and KRW 22,000,000 on July 31, 2015, and KRW 46,926,00 on August 31, 2015.

C. On October 8, 2015, the Defendant demanded that the Plaintiff submit the original certificate of confirmation of work and the statement of transaction with respect to the Plaintiff’s equipment leased at the instant construction site upon confirmation from the relevant site warden. On October 9, 2015, the Defendant submitted a detailed statement of the use of equipment signed by the site manager, and b above.

The tax invoices stated in this subsection were amended and notified that each entry equipment will be re-issued.

On July 2016, the comprehensive construction of crew members settled the cost of equipment by paying 75% of the rent to the companies that leased the equipment to the construction of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) Upon the Defendant’s request, the Plaintiff leased the search season owned by the Plaintiff to the Defendant from June 2, 2015 to August 28, 2015. Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 29,981,875 (including value-added tax) for rent. 2) Members General Construction agreed to pay the Plaintiff a total of KRW 75% of rent with some tenants who leased construction equipment at the instant construction site. However, the Plaintiff did not make such agreement.

B. On July 5, 2016, the Plaintiff’s summary of the Defendant’s assertion is about the comprehensive construction of crew members and the instant construction work.

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