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(영문) 서울고등법원(인천) 2020.11.27 2019나12884
장비임대료 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

"The amount of construction work shall be 605,000,000,000" shall be added next to the second 2th th 14th son of the first instance judgment. "The amount of construction work shall be 605,00,000,000."

On November 29, 2017, the Plaintiff and J leased DH-608-120M (D) from C to J for rent of KRW 10,000,000 per month, and re-lease it to J for the construction site of this case, and other ancillary equipment and human resources necessary for the instant construction work are provided by the Plaintiff, and then the J agreed to settle it with the Plaintiff when it receives construction payment from the Defendant.

On December 8, 2017, the J determined and leased DH718K-145M (E) as rent of KRW 32 million per month (for more than five months, KRW 30 million per month) for the instant construction.

E. From the end of January 2018, J actually suspended the instant construction work.

[Reasons for Recognition] In the first instance judgment, Gap's evidence Nos. 1, 2, 7, 46 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, Eul evidence Nos. 6 through 7 "each statement of Gap's evidence Nos. 2 through 4, 5, 8, 9, Eul evidence Nos. 2 through 5 (including each number number for additional evidence), Eul's testimony" shall be deemed "1) 2 through 4, 5, 8, 9, 46, 47 evidence Nos. 2 through 5, Eul evidence Nos. 2 through 5, and Eul evidence Nos. 1, C, witness of the first instance court, witness of the trial court, witness of the trial court, and witness of Eul."

In the first instance judgment, 13 to 5 pages 4 are as follows.

According to the statements in Gap evidence Nos. 7 and 47 and witness L of the party trial, J shall use the amount used for DH-608-120 M (D) on November 29, 2017 between the plaintiff and the plaintiff as KRW 75 million per month (the amount used was reduced to KRW 70 million per month by agreement between the plaintiff and J after the preparation of the contract).

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