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1. The Defendant shall pay to the Plaintiff KRW 81,579,652 as well as 20% per annum from February 5, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On November 6, 2012, the Defendant awarded a contract for civil engineering works among the construction works of roads between Manyang-U.S. Government (hereinafter “S.”) to the CT Industry Development Co., Ltd. (hereinafter “CT”) and the Manyang-U.S. Government.
B. The Plaintiff is a person who operates a business with the trade name of “B” for the purpose of contracting and leasing construction machinery, and on January 8, 2013, the Plaintiff is a non-party company as above.
Two construction machinery necessary for port construction works were leased at rent of KRW 7.5 million per month (excluding value-added tax), and the lease period from January 2013 to December 2013.
(hereinafter “instant lease agreement”). C.
From April 2013, Nonparty Company delayed the payment of rent under the instant lease agreement, and until December 31, 2013, Nonparty Company’s overdue rent reaches KRW 81,579,652 in total.
Around January 7, 2014, the Plaintiff notified the non-party company of the fact that the non-party company, and the non-party company requested the payment of KRW 81,579,652, the aggregate of the rents unpaid until December 31, 2013, and notified the Defendant of the fact that he/she requested the direct payment of the overdue rent pursuant to Article 35(2)3 of the Framework Act on the Construction Industry on January 15, 2014.
E. The relevant provisions of the Framework Act on the Construction Industry applicable to this case are as follows:
Article 32 (Status of Subcontractors, etc.) (4) Articles 34 (1) and 35 shall apply mutatis mutandis to payment for the price to construction machinery rental business operators and to persons who manufacture and supply parts for construction works, as prescribed by Ordinance of the Ministry of Land
In such cases, "project owner" shall be deemed "project owner or contractor", "contractor" shall be deemed "contractor or subcontractor", "subcontractor" shall be deemed "construction machinery rental business operator or manufacturing supplier", and "subcontract price" shall be deemed "construction machinery rental business operator or construction machinery supplier", and "subcontract price" shall be deemed "lease price for
Provided, That in cases of Article 35 (2), (3), (5) and (6), "project owner" shall be construed as "construction machinery rental business operator" or "construction machinery rental business operator."