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(영문) 인천지방법원 2019.06.18 2018나65470
장비사용료등
Text

1. All appeals filed by the plaintiff B and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Quotation of the first instance judgment

A. The grounds for appeal by the plaintiff B and the defendant are as follows: (a) the construction machinery lease contract that the defendant primarily entered into between the plaintiffs and G is a kind of contract agreement and includes not only the amount of 9,00,000 won for the completion of the construction work to create the housing site, but also the amount for the completion of the construction work to create the housing site; (b) since the construction work to create the housing site was not completed and the plaintiffs did not complete the construction work to cause damage to the mountainous district, etc., they are not obliged to pay the construction cost due to the arrival of the due date, or at least the plaintiffs must prove the ratio of the construction work to the construction work completed, i.e., the construction work completed, i., the payment of the construction cost, or the ratio of the construction work completed by the plaintiffs at least the time limit, i.e., the construction work completed, excluding the monthly rent, transportation cost, and the monthly rent, and so there is no alternative procedure for verification of the part.

B. In light of the facts duly admitted by the first instance court as well as the evidence submitted in the first instance court and each additional evidence submitted in this court, the above assertion that the defendant added to this court for further reorganization is rejected as follows.

1. A construction machinery lease agreement entered into between the plaintiffs and G provides that even though the nature of the contract can be a certain degree by directly operating the softener L with the plaintiff A and participating in the construction of this case, the price and the period of use, etc. shall be calculated based on the rent for the soferging season, and the rent for the construction machinery lease shall be "amount included in the wages of the operator of the construction machinery, the cost of depreciation for machinery, the cost of repair, the cost of maintenance, and the management fee."

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