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(영문) 울산지방법원 2017.07.07 2016가단13108
중기대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 25,430,00 and the interest rate of KRW 15% per annum from June 25, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the statements in Gap evidence Nos. 1 through 3 as to the cause of the claim and the purport of Gap's testimony and the entire pleadings, the plaintiff concluded a mid-term rental agreement with Gap on August 6, 2015 and lent equipment, such as sckes, dump trucks, etc. to the construction site of the factory construction site of Ulsan-gun, Ulsan-gun, B from August 6, 2015 to October 21, 2015. The defendant's former employee Gap worked as the site manager of the above construction site and carried out all the work site of the construction including the rental of equipment, as delegated by the defendant. On June 7, 2016, Gap lent equipment from the plaintiff during the above period to the plaintiff, and prepared a confirmation document stating that the rent for heavy equipment is KRW 25,431,000.

According to the above facts, it is reasonable to deem that A entered into a mid-term rental contract with the Plaintiff with the delegation from the Defendant. As such, the Defendant is obligated to pay to the Plaintiff the rental fee of KRW 25,431,00 and damages for delay calculated at the rate of 15% per annum from June 25, 2016 to the day of full payment, as claimed by the Plaintiff.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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