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1. The Defendant’s KRW 5,283,870 as well as the Plaintiff’s annual rate of 5% from November 13, 2018 to July 10, 2019, and the following.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3-1, 2, 5-1, 2, 6, and 2.
On September 3, 2016, the Plaintiff entered into a construction machinery lease agreement (hereinafter “instant lease agreement”) with the Defendant to use CMK80 mid-term period (hereinafter “instant mid-term period”) for KRW 22,00,000 (excluding value-added tax) monthly payment from September 3, 2016 to January 2, 2017 at the site of Ansan-si D on the instant mid-term period (hereinafter “instant mid-term period”).
B. The Defendant used the term of this case at E on-site. The Plaintiff claimed the Defendant for usage fees under the instant lease agreement, and the Plaintiff issued the tax invoice of KRW 24,200,000 (the supply price of KRW 22,200,000) on September 30, 2016; the tax invoice of KRW 24,200,000 (the supply price of KRW 22,200,000) on October 31, 2016; the tax invoice of KRW 24,200,000 (the supply price of KRW 22,20,000,000); and the tax invoice of KRW 24,20,000 on November 30, 2016 (the supply price of KRW 22,00,200,000), each of the tax invoice of KRW 10,010,000 (the supply price of KRW 10,010,000).
C. On December 8, 2016, the Defendant paid KRW 22,000,00 to the Plaintiff as usage fees under the instant lease agreement.
2. Assertion and determination
A. The Plaintiff asserts that the Defendant is liable to pay KRW 61,710,000, excluding the amount of KRW 22,000,000, paid out of the usage fees of KRW 83,710,000, as the Plaintiff delivered the instant period to the Defendant on September 3, 2016, and used it until December 15, 2016, while the Defendant used the instant period from September 30, 2016 to December 6, 2016.
On the other hand, the following circumstances, which are acknowledged by adding the evidence mentioned above and the statement No. B’s evidence No. 1, to the whole purport of the pleading, are the lease contract of this case.