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(영문) 대구지방법원 2020.05.27 2019나2948
공사대금
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. Fact that there is no dispute between the parties to the judgment on the cause of the claim, the following facts and circumstances acknowledged by comprehensively taking into account the overall purport of arguments as to Gap evidence Nos. 1-6 and 8 (including branch numbers in case of virtual numbers), namely, the plaintiff's commercial company running construction machinery rental business, and Eul requested the defendant's office reorganization work on behalf of the plaintiff's employees D in Gyeongcheon-gun on behalf of the defendant, and D used the defendant's office reorganization work for six days from December 29, 2016 to January 4, 2017, the above work was completed by using the plaintiff's excavation search machine (registration number E, so-called 06 digging machine) for six days from January 29, 2016, and the user fee of Grade 1 to 6 in the north area at that time is equivalent to 50,000 won per day, and C is also deemed to have been aware that it was a director of the plaintiff's company at that time.

Therefore, barring any other circumstances, the Defendant is obligated to pay the Plaintiff renting KRW 3.3 million (=50,000 x 6 days) and damages for delay calculated at the rate of 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 21, 2018 to the date of full payment, as the Plaintiff seeks.

2. The defendant's defense asserts that since D received oil equivalent to KRW 1,284,010 from the defendant in the course of searching for cirral work, the above amount should be deducted from the plaintiff's rent.

However, each entry of Nos. 4 and 5-1 is difficult to believe in light of each entry of No. 11 to 12, and the remainder that the Defendant submitted.

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