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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. A. The claim against a limited liability company (hereinafter “claim”) and Ho TIMS Co., Ltd. jointly received the “A renovation and repair project” (hereinafter “instant construction project”) ordered by the Korea Rural Community Corporation B (hereinafter “B”), and the Defendant was awarded a subcontract for the instant construction project from them.
B. On July 23, 2013, the Plaintiff entered into a lease agreement with the Defendant, each tugboat, and each barge (hereinafter collectively referred to as “instant vessel”) on a monthly rent of KRW 21,000,000, and the period of use from July 24, 2013 to the end date of the instant construction work, and delivered the instant vessel to the Defendant on July 24, 2013.
C. B sent a notice of construction correction to the site agent on August 23, 2013 as follows, and on August 29, 2013, ordered the suspension of work on the ground that the requirements stated in the notice of construction correction were not corrected:
(hereinafter referred to as the “instant order to suspend construction works”). The details of the classification of construction work units shall be as follows:
1. Field safety management thoroughly - All sections of the public sector - Suspension of works at the time of opening to the door, towing and booming to the port areas of the tow line - thoroughly wearing safety equipment (life jackets, safety cap, bellt, etc.);
2. All types of official residence of a field agent - permanent stay of a field agent;
D. The Defendant was unable to use the instant vessel due to the order issued to suspend construction of the instant case from August 29, 2013 to October 10, 2013.
E. On December 12, 2013, the Defendant completed work and returned the instant vessel to the Plaintiff. Of the rent, KRW 57,200,000 was paid to the Plaintiff by the Defendant, and KRW 12,100,000 was paid directly to the Plaintiff on March 14, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 6, fact-finding results with respect to Eul, the purport of the whole pleadings
2. According to the facts of the judgment on the ground of the Plaintiff’s claim, the Defendant is the unpaid vehicle for the instant vessel, except in extenuating circumstances.