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(영문) 의정부지방법원 2018.04.11 2017가단26690
건설기계사용료
Text

1. The Defendant calculated the Plaintiff’s KRW 93,720,00 and the interest rate of KRW 15% per annum from October 27, 2017 to the date of full payment.

Reasons

From December 2, 2016 to September 19, 2017, the Plaintiff leased construction machinery for road packaging to the Defendant at the site of “Fuju-Namnam Road Packing Corporation”. The fact that the Defendant’s unpaid construction machinery rent for 93,720,000 is not in dispute between the parties, or that the Defendant’s unpaid construction machinery rent for 93,720,000 is recognized in accordance with each of the evidence Nos. 2 to 4 (including the paper number).

Therefore, the defendant is obligated to pay to the plaintiff the balance of the above construction machinery rent of KRW 93,720,000 and damages for delay calculated at the rate of 15% per annum from October 27, 2017 to the day of full payment, which is clear that it is the day following the delivery of the original copy of the instant payment order sought by the plaintiff.

In regard to the payment method of the Plaintiff and the rent, the Defendant agreed to pay the payment from the ordering person at the time of receipt of the completion payment or the completion payment, and thus, the Defendant did not accept the Plaintiff’s claim. However, there is no evidence to acknowledge that the Defendant concluded the said agreement with the Plaintiff. Therefore, the Defendant’s above assertion does not need to be further examined.

If so, the plaintiff's claim of this case is justified and acceptable, and it is so decided as per Disposition.

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