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1. The Defendant’s KRW 31,900,000 as well as 5% per annum from December 11, 2012 to August 12, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff leased the construction equipment (hereinafter referred to as the “construction equipment of this case”) to the Defendant (hereinafter, the instant lease”) as follows.
(1) On April 6, 2011, a model name SV 093 equipment rental fee was set at KRW 1.3 million per month.
(2) On April 7, 2011, the rental fee for one equipment, the model name HZ 60wegs of which was set at KRW 600,000 per month.
(3) On May 18, 201, the rental fee for the two equipment units with the model name SV 060 units was set at KRW 600,000 per month.
B. The Defendant paid each of the Plaintiff KRW 2,091,30,000 on April 6, 201, and KRW 2,244,00 on January 20, 2012, and KRW 10,00,00 on April 9, 2012.
C. The Defendant used each of the instant construction equipment borrowed from the Plaintiff at the construction site of an underground tea in the Kimpo-si city, and on June 23, 201, the occurrence of an accident that happens due to flooding of each of the construction equipment due to the centralized rain (hereinafter “the instant accident”).
[Ground of recognition] Facts without dispute; Gap evidence 1-3; Eul evidence 1-1-2; Eul evidence 1-2; Gap evidence 1-1-22; Gap evidence 1-1-22; Gap's appraisal result; the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is that the Defendant did not pay KRW 16,170,00 out of the rent for each of the construction equipment of this case, and the Defendant paid KRW 85,625,200 to the Plaintiff on January 20, 2012. As the Defendant paid KRW 101,795,200 (i.e., KRW 16,170,625,200), the Defendant deducted KRW 2,24,00 from the Defendant’s total amount of KRW 16,51,20 (= KRW 101,795,200) (i.e., KRW 16,625,200).
B. Comprehensively taking account of the overall purport of the pleadings in the determination of the above-mentioned facts as to the claim for rental fees, the Defendant paid KRW 2,091,300 on April 6, 201 and KRW 2,244,00 on January 20, 2012, thereby borrowing SV03 and HZ 60wewel from May 201 to June 5, 201.