(영문) 대전지방법원 2016.12.08 2015가단225858

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(영문) 대전지방법원 2016.12.08 2015가단225858

장비임대료 등

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1. The Defendant’s KRW 51,216,80 for the Plaintiff and 6% per annum from November 26, 2015 to December 8, 2016.

Reasons

1. Facts of recognition;

A. On November 10, 2014, the Plaintiff entered into a construction machinery lease agreement (hereinafter “instant contract”) with the Defendant with the main content that, as a person engaged in construction machinery rental business, the Plaintiff leased 45 tons PD80,000 air (hereinafter “the instant ceiling air”) which is the Plaintiff’s equipment at the site of Young-gun, Young-gu, Seoul Special Metropolitan City (hereinafter “the Plaintiff”) and ordered the Defendant to undertake construction work and set the amount of use at KRW 38 million per month (excluding value-added tax).

B. The instant contract contains a statement that the contract is concluded in accordance with the terms and conditions of “standard construction machinery lease terms and conditions” as attached to the instant contract.

Article 3 (Operation Hours of Construction Machinery) of the General Conditions is based on ① Operation Hours of Construction Machinery shall be 8 hours a day and 200 hours a month. ② In the event that the standard hours under paragraph (1) are less than the standard hours due to a cause attributable to A (Plaintiff) due to a cause attributable to A (Plaintiff), it shall be deemed that the standard hours have been operated due to a cause attributable to B (Defendant) (on-site circumstances, civil petition).

In addition, Article 4 (Lease Fees, etc.) of the General Conditions above shall be the amount specified in the contract. (2) Lease fees under the provisions of paragraph (1) shall be the amount which includes the amount of wages for construction machinery operators, the amount of mechanical damages (repair costs, the cost of depreciation, the cost of maintenance, and the cost of management). (4) Where a construction machinery operator has leased for not less than one month and no operation has been made for not less than five days a month due to a failure in the construction machinery during the period of use, the consultation shall be made. (5) (1) In the case of Article 5 (Bearing of Expenses, etc.), the amount of oil expenses necessary for the operation

C. The Plaintiff and the Defendant are engaged in the instant astronomical work.

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