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(영문) 수원지방법원 2019.10.01 2018나93144
건설기계 대여료
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. In order to use it in the Hart construction site in Pyeongtaek-si G, the Defendant leased construction machinery, etc. or supplied construction materials from the Plaintiffs as follows:

Plaintiff

A, from March 13, 2017 to the 16th day of the following month, as a person who engages in a business under the trade name of I, lent the excavated construction machinery to the Defendant and performed civil engineering works, etc., but was not paid KRW 10,395,000, such as the cost of equipment, etc. by the Defendant.

B. From March 5, 2017 to the 28th day of the same month, Plaintiff B lent construction machinery to the Defendant and performed civil engineering works, etc., the Plaintiff B did not receive KRW 3,465,00,00, such as the cost of equipment.

C. From April 7, 2017 to April 27, 2017, Plaintiff C lent construction machinery to the Defendant and performed civil engineering works. Plaintiff C was not paid KRW 2,332,00,00, such as the cost of equipment.

Plaintiff

D supplied construction materials, etc. from December 21, 2016 to April 28, 2017 to a person who carries on L with a trade name, and the Defendant was not paid KRW 3,300,000, including the cost of civil engineering materials.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 25, purport of the whole pleadings

3. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant claimed for KRW 10,395,000 against the Plaintiff and the damages for delay from May 11, 2017, the Plaintiffs uniformly claimed for KRW 10,395,00 against the Plaintiff and the damages for delay from April 29, 2017, and the judgment of the first instance court, after April 29, 2017, held that the date following each last tax invoice was the date on which the damages for delay was made.

(except for the plaintiff C). Since the plaintiffs did not appeal against this, the base date of the damages for delay shall not be judged separately;

Plaintiff

B 3,465,00 won and its related thereto from June 16, 2017, and to Plaintiff C 2.

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