beta
Text
1. The Defendant shall pay to the Plaintiff KRW 42,867,50 and the interest rate of KRW 20% per annum from March 20, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On March 31, 2012, the Plaintiff entered into a contract with the Defendant for the use of the following heavy equipment with respect to B/H 140W, vehicle number B:
(hereinafter “instant contract”). The monthly user fee from April 1, 2012 to June 30, 2013 from April 1, 2012 to June 30, 2013, the daily operating hours of 8,000,000 won and 200 hours per month from April 1, 2012 to June 30, 201
B. From April 1, 2012 to December 2012, the Plaintiff put D as a heavy equipment engineer at the Defendant’s work site. On December 31, 2012, the aforementioned line improvement work was suspended.
[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. The Plaintiff asserted that the Plaintiff puts D equipment engineer D in accordance with the instant contract, and the Defendant did not pay the sum of KRW 42,867,500 from July 2012 to December 2012.
B. The Defendant’s assertion from April 2012 to November 2012, 2012, while working as DD while serving as a equipment engineer, was paid for some of the mid-term equipment costs and labor costs. As such, it is difficult to deem that the company engaged in labor, such as surveying work, while performing heavy equipment works, and thus, cannot respond to the Plaintiff’s claim seeking the payment of unpaid equipment costs.
(c) Determination 1) Evidence No. 4-1 (No. 4) as to whether a person engaged in the work as an employee in addition to the work of heavy equipment D (No. 4)
In other words, under the circumstance that the defendant did not obtain necessary human resources due to the lack of funds, E, the defendant's site manager, had D, an engineer of scke, assigned additional duties to human resources, such as road surveys, while conducting scke work, and ② D received daily allowances even after conducting an average of 4 hours of survey, which is already conducted.