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Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff and the designated parties engaged in the work of transporting aggregate, soil, etc. using dump trucks at the site of J General Industrial Complex Construction Works in 2012 and 2013.
B. The defendant is a stock company that runs the business of leasing construction equipment.
C. The Defendant agreed to pay on behalf of the Plaintiff and the designated parties the price for oil and the office cost of KRW 200,000 per month to be borne by the Plaintiff and the designated parties, and to pay only the remainder which deducts the price for oil and office expenses from the construction equipment rent of the Plaintiff and the designated parties.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 18, Eul evidence 1 to 11 (including additional numbers), the purport of the whole pleadings
2. Determination as to the unpaid rent, the amount of oil paid, and office expenses
A. As to the Plaintiff’s claim, the Plaintiff leased dump trucks to the Defendant on August 2012 and September 2012, 2012 and transported soil, aggregate (i.e., KRW 7,287,50 on August 8, 2012 and KRW 12,259,50 on September 2012; (ii) the Defendant was obligated to pay KRW 2,00,000 to the Plaintiff for KRW 3,60,00, KRW 760, KRW 850 on May 7, 2012; (iii) the Defendant paid KRW 6,598, KRW 650 on May 7, 207; and (iv) the Defendant paid KRW 205, KRW 70 on May 28, 201 on the remainder of KRW 20, KRW 700 on May 27, 207; and (v) the Defendant paid KRW 2015 on May 28, 2019.