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(영문) 서울중앙지방법원 2015.10.28 2015가단5987
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,622,50 and the interest rate of KRW 20% per annum from December 9, 2014 to the day of complete payment.

Reasons

1. Presumption

A. On April 30, 2013, the Plaintiff awarded a contract with LG Electronic Co., Ltd. for a new construction project, and subcontracted it to the MG Electronic Co., Ltd. (hereinafter “MG Electronic Industry”).

On June 19, 2013, the light industry re-subcontracted to the defendant the construction of the outer wall in the above construction.

B. In order to use the equipment at the above construction site, the Defendant leased the same Scar Co., Ltd. (hereinafter “the same Scar”) and B respectively, and did not pay KRW 10,697,500 (including value added tax) for the same Scar among the equipment usage fees even after the termination of the equipment lease, and KRW 12,925,000 (including value added tax) for B.

C. The Plaintiff, as the contractor of the original construction, received from the same Scar and B the claim for the fee for the use of equipment equivalent to the same amount that he/she owns against the Defendant.

On July 1, 2014, the same Scar and B notified the Defendant of the assignment of claims, and the notification was delivered to the Defendant at that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 5, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. Judgment on the issue

A. The key issue of the instant case is to seek payment of KRW 23,622,50 in total and delay damages incurred against the Defendant, who is the lessee of the equipment.

On this basis, the defendant raises a defense as follows.

In other words, the delay of the preceding works, the removal of the front outer wall board and the reconstruction works, which were not scheduled, have been put into the site.

In light of these circumstances, the Defendant agreed to bear half the fee for the light industry and equipment prior to the lease of equipment, and thereafter the Defendant completed the sub-subcontracted construction by leasing equipment, and the Defendant already paid 23,650,000 won out of the total fee for the use of equipment.

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