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(영문) 광주지방법원목포지원 2020.04.22 2018가단6882
구상금
Text

1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 28, 2018 to January 14, 2019.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “instant company”) is the owner of E navigationta (hereinafter “instant navigationta”) as a construction machinery rental business operator, and F Co., Ltd. (hereinafter “F”) is the contractor of Pyeongtaek-gu apartment construction (hereinafter “instant construction”) and the Plaintiff was awarded a contract for the part of the instant construction works from F.

B. On February 11, 2015, the Defendant agreed to set the instant port equipment as rent of KRW 12 million (excluding surtax) from the instant company (hereinafter “instant lease”). From November 17, 2015, the Plaintiff and the Plaintiff agreed to receive the payment by calculating the amount of KRW 11,500 per working meter (including surtax) when operating the instant port equipment at the instant construction site from November 17, 2015 to work.

(hereinafter “instant port operation agreement”). C.

From November 17, 2015, the Defendant sent H as the operator of the instant port apparatus while working for file work by inserting the instant port apparatus at the aforementioned construction site, and sent back assistccles articles, excavation equipment articles, the head of the working group, soil, and cement mixtures work units.

As the construction was suspended for three days due to the issue of wage payment between the Defendant and his father while the instant port operation was underway, the Plaintiff agreed to take over from the Defendant the plane of this case and the plane driver, etc. employed by the Defendant on December 6, 2015, and pay directly the wages and operating expenses of the husband from December 9, 2015.

(hereinafter “instant direct payment agreement”). E.

H Around 08:50 on December 11, 2015, while driving the instant navigation gear at the instant construction site, the instant navigation gear was destroyed due to the occurrence of an accident (hereinafter “instant accident”).

F. The instant company repair the instant port to the I Co., Ltd. immediately after the instant accident.

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