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(영문) 서울동부지방법원 2017.11.16 2016가합102984

사용료

Text

1. The defendant shall pay the plaintiff Saudi Arabia 661,450 Libya to the plaintiff.

2. The plaintiff's remaining claims.

Reasons

In this case, the determination of the applicable law to determine the cause of the claim is a case where the Plaintiff, who is a Saudi Arabia, seeks a payment of usage fees under a loan agreement for use of machinery and equipment, such as power generator, against the Defendant, a Korean corporation, and thus, the applicable law should be determined under the Private International Act,

The governing law of the contract is chosen explicitly or implicitly by the parties, and there is no reason to exclude ex post facto agreement.

(Article 25). (1) In light of the fact that the Plaintiff filed the instant lawsuit against the Defendant on the premise that the governing law is the law of the Republic of Korea, and that the parties stated that the governing law is the law of the Republic of Korea and that there is no objection to the said loan contract, the parties to the instant lawsuit subsequently agreed to select the governing law of the said loan for use as the law of the Republic of Korea. The governing law of the instant case is the

The defendant is a Korean company that operates construction business, etc. and is awarded a subcontract for fire-fighting pipeline construction works among plant construction works performed by GS construction company in Saudi Arabia, Co., Ltd., in the field of SDR construction.

Furthermore, the following facts can be acknowledged in full view of the evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), evidence Nos. 4 through 7, evidence Nos. 9 and 10, and the purport of the whole pleadings.

The Plaintiff, as Saudi Arabia, is called “A” and its unique identification number is called “B”, and its trade name is called “C company” and its registration number is registered as “D” and operates a construction business, etc., with its registration number registered as “E”, and with its branch offices registered as “E”, operates an industry equipment, electronic device import business, etc.

The Defendant received a invoice from February 2, 2014 to February 2015, 665,350 in total, under the name of the rent for the period of development, etc., and received a invoice requesting the payment of the price for the period of development.