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1. As to KRW 34,295,300 and KRW 20,954,50 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 13,340,80 from January 31, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in construction machinery rental business under the trade name of “B”.
B. On September 2015, the Plaintiff: (a) lent one excavated machine with respect to the construction of the Gangseo-gu Busan building to the Defendant; and (b) agreed that the rent shall be paid immediately by the Defendant upon the Plaintiff’s request by issuing a tax invoice.
C. The rental fee incurred from September 24, 2015 to October 23, 2015 in relation to the construction works described in the foregoing sub-paragraph (b) is KRW 8.58,00 (including value-added tax; hereinafter the same shall apply). The Plaintiff filed a claim with the Defendant on October 23, 2015 by issuing a tax invoice of KRW 8.58,000 for the aggregate amount.
On October 2015, the Plaintiff agreed that the Defendant shall immediately pay the rent to the Plaintiff when the Plaintiff requested for the construction of a new E head office in Gangseo-gu, Busan.
E. In relation to the construction works described in the foregoing paragraph (d), the rental fee incurred from October 24, 2015 to November 23, 2015 is KRW 8.58,00,000, and the Plaintiff filed a claim with the Defendant on November 23, 2015 by issuing a tax invoice equivalent to KRW 8.58,00,000 in total.
② From November 24, 2015 to December 23, 2015, the rental fee incurred from November 24, 2015 is KRW 8,794,500, and the Plaintiff filed a claim with the Defendant on December 23, 2015 by issuing a tax invoice consisting of the total amount of KRW 8,794,50.
③ The rent incurred after December 24, 2015 is KRW 13,340,80,00, and the Plaintiff, on January 31, 2016, issued a tax invoice for the total amount of KRW 13,340,80 to the Defendant.
F. On September 13, 2016, the Defendant paid KRW 5 million to the Plaintiff.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 13, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is based on the premise that the loan balance of KRW 34,295,300 [=3,580,000 won = 8.58 million won - 5 million won, and the plaintiff is appropriated for the principal amount, and there is no evidence to acknowledge that there is an agreement or designation on the appropriation of performance, five million won.