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(영문) 대전지방법원 천안지원 2018.02.23 2017가합35
장비대여료
Text

1. The Defendant shall pay to the Plaintiff KRW 209,861,750 and the interest rate of KRW 15% per annum from January 21, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The gist of the parties’ assertion 1) The Plaintiff is a person who engages in construction machinery leasing business under the trade name of “B,” and the Defendant is a company that aims to engage in reinforced concrete construction business. The Defendant is the Plaintiff’s respective construction works of this case, “Seoul Special Self-Governing City C Corporation,” “ Sejong Special Self-Governing City D Corporation,” “ Sejong Special Self-Governing City E Corporation,” and “Seongsung-gu

As to ‘', from December 2012 to March 2014, concrete pumps, which are construction heavy equipment for concrete removal construction, have been leased several times.

As above, even though the Defendant was liable to pay rent of KRW 601,463,50 in total by leasing a concrete pumps from the Plaintiff, the Defendant paid only KRW 391,601,750 in total from March 6, 2013 to May 20, 2014, and did not pay the remainder of rent of KRW 209,861,750 until now.

Therefore, the defendant is obligated to pay the plaintiff the above-paid rent of KRW 209,861,750 and the delay damages.

2 The Defendant entered into an agreement with Defendant G on the participation in construction of concrete building works among each of the instant construction works, and the Plaintiff entered into a lease agreement with G on concrete pumps to be used at each of the instant construction sites.

The Defendant paid to G all the construction costs, including the rent for construction heavy equipment, as necessary at each construction site of this case.

B. Determination 1 as to whether a lease contract for concrete pumps was concluded between the Plaintiff and the Defendant, the following circumstances, namely, the tax invoices related to the rent accrued from the lease of concrete pumps at each of the construction sites of this case, are the Plaintiff and the Supplier, as the Defendant.

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