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1. The Defendant’s KRW 173,030,000 for the Plaintiff and 5% per annum from December 27, 2016 to November 14, 2017.
Reasons
1. Basic facts
A. On July 3, 2016, the Plaintiff entered into a lease agreement with the Defendant and B (hereinafter “instant lease agreement”) with the terms of KRW 33,00,000 per month of usage fees (excluding value-added tax), from July 3, 2016 to August 2, 2016 (Provided, That it is possible to extend automatically on a monthly basis). The Plaintiff entered into a lease agreement with the equipment operating personnel (hereinafter “instant lease agreement”).
B. The Defendant leased a barge D from C, leased a tugboat B from the Plaintiff, and loaded aggregate on the barge and towed the barge by towing the barge, and supplied aggregate at the construction site of E typhoon damage restoration work by towing the barge.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The Plaintiff’s assertion that the unpaid vessel fee under the instant lease agreement is KRW 187,156,173, and the Defendant is obligated to pay the Plaintiff KRW 187,156,173 and delay damages.
3. According to the evidence Nos. 2 and 3-1 through 3, part of the evidence Nos. 3-4, and the purport of the whole pleadings, determination fee for unpaid ships under the instant lease contract from July 2016 to December 2016 is recognized as constituting 173,030,000.
Meanwhile, the Plaintiff asserted KRW 187,156,173, including KRW 14,126,173 of the tax invoice as of December 7, 2016, as the unpaid vessel fee.
However, according to the aforementioned evidence and the partial entry of Gap evidence No. 3-4, there is room to deem that the lessor as the lessor’s daily operating expenses of the leased equipment under the instant lease agreement constituted the leased equipment’s daily operating expenses (luluent oil, miscellaneous oil, and other expendable goods) (see Article 3(1)1 of the Special Conditions). The Plaintiff issued a tax invoice of KRW 14,126,173 against the defendant on December 7, 2016, on the grounds that the Plaintiff issued the tax invoice of KRW 14,126,173 against the defendant on December 7, 2016.
Unlike the defendant's obligation to pay the plaintiff 14,126,173 costs, such as the Canadian, etc.