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(영문) 광주지방법원목포지원 2014.05.22 2013가단10978
건설장비임대료
Text

1. The defendant shall pay 87,160,000 won to the plaintiff and 20% per annum from August 17, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. A. Around 2013, the Defendant entered into a subcontract with respect to the water supply and drainage works (hereinafter “the water supply and drainage works”) among the water supply and drainage works (hereinafter “the water supply and drainage works”) among the water supply and drainage works (hereinafter “the water supply and drainage works”) among the water supply and drainage works (hereinafter “the water supply and drainage works”).

B. Meanwhile, the Plaintiff entered into a lease agreement with the Defendant for the lease of the Plaintiff’s construction machinery, and, on May 3, 2012, entered into a construction machinery lease agreement with the Defendant on the following terms while transferring and using the Plaintiff’s construction machinery to the Defendant:

(1) The name of construction machinery: The period of use of the sewage culvert rearrangement works (4j) (3) for the instant sewage culvert rearrangement works (4j): From May 3, 2012: 5,500,000 won (excluding value-added tax): If the lease period exceeds one month: Within 60 days from the end of each month;

C. After that, on November 28, 2012, the Defendant: (a) prepared a written confirmation of unpaid balance (Evidence 2) to the effect that the Plaintiff used KRW 87,160,000 (excluding value-added tax) as a construction machinery rental fee for the Plaintiff in relation to the water supply and sewerage works (fourth minutes) among the instant maintenance works; and (b) written confirmation of unpaid balance (Evidence 2).

In addition, the defendant is also the defendant.

On the same day as stated in Paragraph (4), with respect to the instant sewage culvert rearrangement project (the fourth minute), the Plaintiff sent his corporate seal to the Plaintiff on the subcontract termination consent (the document No. (the document No. 3 of this case) stating the following: “The 87,160,000 won (excluding value-added tax), etc. for the comprehensive construction of the Do project operator, the direct non-exclusive construction, the amount of 87,160,000 won (excluding value-added tax), and the subcontract period: from March 2012 to November 2012.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant.

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