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(영문) 의정부지방법원 고양지원 2018.11.08 2018가단742
건설기계장비임대료
Text

1. The Defendant’s KRW 30,857,800 and annual interest thereon from September 1, 2017 to December 18, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 19, 2017, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the Defendant, from June 21, 2017, agreed to lease the port of navigation and the port of navigation (type: DHP-80, registration number: E; hereinafter “instant equipment”) at the same construction site during the process of performing the civil engineering works among the new construction works of the Seoul Guro-gu Seoul DD neighborhood living facilities by a non-party Co., Ltd.; (b) from June 21, 2017; (c) the Defendant entered into a total of KRW 102,970,000 (Additional tax separately); (d) the operating hours of eight hours per day; and (e) the monthly 200 hours base (including the standby

(hereinafter “instant equipment lease agreement”). (b)

From June 21, 2017 to July 31, 2017, the Plaintiff leased the instant equipment at the instant construction site. From July 21, 2017 to July 31, 2017, the Plaintiff issued each electronic tax invoice of KRW 22,409,200 as of July 1, 2017 (i.e., value of KRW 20,372,00 (value of KRW 2,037,200), ② as of July 31, 2017 (value of KRW 82,58,59,000), total of KRW 113,267,00 (total value of supply, KRW 102,970, KRW 1070, KRW 107,297,00).

C. On August 10, 2017, the Defendant paid KRW 22,409,200, which is the same amount as the amount entered in the electronic tax invoice on July 1, 2017, to the Plaintiff, and paid KRW 82,409,200 in total by additionally paying KRW 60,000 on September 1, 2017.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 5, and evidence 7, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant shall pay 30,857,800 won for unpaid equipment (i.e., total amount of 113,267,00 won for the equipment of this case - total amount of 82,409,200 won for the equipment of this case) to the Plaintiff, and as to this, 5% per annum as prescribed by the Civil Act from September 1, 2017 to December 18, 2017, the delivery date of the original copy of the instant payment order, which is the date of the original copy of the instant payment order, to the date of full payment.

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