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(영문) 인천지방법원부천지원 2015.09.25 2015가합1849
장비사용료
Text

1. The Defendant shall pay 241,877,550 won to the Plaintiff and 20% per annum from June 25, 2015 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 7 (including branch numbers) as to the cause of the claim, the plaintiff operating steam rental business, etc. leased approximately KRW 100 equipment from December 1, 2012 to August 2014 to the defendant who performs civil engineering works, etc., and the rent for the equipment was a total of KRW 377,346,938. The plaintiff and the defendant agreed on August 22, 2014 and August 27, 2014 to pay the plaintiff a total of KRW 377,346,938 won for the equipment rent (hereinafter referred to as the "agreement in this case"). The fact that the plaintiff and the defendant paid KRW 60,000 among the rent for the equipment construction by the defendant, the debtor corporation, the debtor corporation, paid it to the plaintiff.

According to the above facts, the defendant is liable to pay the rent for the equipment unpaid to the plaintiff in accordance with the agreement of this case. Thus, the defendant is liable to pay the plaintiff the rent for the equipment unpaid to the plaintiff (=301,877,550 won - 60,000 won) and the compensation for delay calculated at the rate of 20% per annum from June 25, 2015 to the day of complete payment, which is the day following the delivery of the original copy of the payment order of this case.

(1) The defendant's assertion that the plaintiff's claim for the rent of equipment was extinguished pursuant to Article 506 of the Civil Code, but there is no evidence to acknowledge it, and the above assertion is without merit). 2. The plaintiff's claim of this case is reasonable, and thus, it is so decided as per Disposition by the court below.

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