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(영문) 울산지방법원 2018.07.19 2018가합110
장비사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 652,960,000 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1, 2, 3, and 4, it is recognized that the plaintiff entered into a contract for the lease of heavy equipment with the defendant around July 2017, and leased equipment among the equipment, such as Hadckra, from July 11, 2017 to October 28, 2017, and the defendant paid to the defendant KRW 40,700,000 out of total of the rent for the equipment among the 693,60,000 won to the plaintiff.

According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of the rent of KRW 652,960,000 (=693,660,000 - 40,700,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 29, 2017 to the date of delivery of the original copy of the instant payment order as sought by the Plaintiff.

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

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