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(영문) 서울남부지방법원 2020.01.16 2018나3576
건설기계임대료 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for the quoted decision of the court of first instance are the same as the grounds for the decision of the court of first instance, except for adding the same judgment as those as those as those as the stated in paragraph (2).

2. Additional determination

A. The Defendant asserts that since February 2017, the Plaintiff’s prohibition of the Defendant’s use of the digging machine from around February 2017, the Defendant did not bear the obligation to pay the Plaintiff the rent for the digging machine from around February 2017.

However, since there is no evidence to prove the above facts of the defendant's assertion, the defendant's above assertion is without merit.

B. The defendant asserts that the amount of the plaintiff's claim should be deducted from 17,000,000,000,000, which was already paid, on the premise that the amount of the plaintiff's claim includes 17,00,000,000.

However, the first instance court already stated that "the plaintiff has already claimed the rent for the expansion of a mining period, and the payment for the expansion of a mining period has not been claimed," and see the last 3rd 15th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st 20000.

According to the records in Gap evidence No. 13 and the whole purport of arguments, especially the records in the records attached to Eul evidence No. 17, the above Eul proposed the above deduction to the defendant, but the defendant did not accept such proposal.

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