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(영문) 창원지방법원진주지원 2017.05.11 2015가합11673

손해배상 청구의 소

Text

1. The Defendant’s KRW 121,106,093 as well as the Plaintiff’s annual rate from May 27, 2015 to May 11, 2017, and the following.

Reasons

1. Basic facts

A. On March 6, 2010, the air force A, under the Defendant’s control, agreed on the installation, management, and operation of the electronic leading car system facilities (hereinafter “facilities in this case”) in the Air Force A A (hereinafter “CY”) between Mady General Construction Co., Ltd. and Madyer Co., Ltd. (hereinafter “Madyer”) and Madyer Co., Ltd. (hereinafter “Madyer”). The main contents of the agreement are that, after the completion of the construction of the facilities by using the electronic leading car system equipment supplied by Madyer Construction from Madyer Construction, the Defendant permitted Madyer Construction to use, and profit from, the above facilities and its site, and that, Mady Construction Co., Ltd. collected financial expenses (the remainder after deducting the management operation expenses). The specific meaning of the agreement is that the company’s contribution to the facilities in this case’s funds for collecting the user fees and the remainder of the user fees (the user fees) are used by Madyer.

As set out in Articles 10 and 13, financial expenses shall consist of 6.25% interest per annum and card fees of 3.35% per annum.

The interest rate is the amount calculated at a rate equivalent to 6.25% per annum by deeming the facility investment cost as the principal, which is the purpose of allowing the contribution acceptance company to recover the interest calculated at a certain rate for the unclaimed facility investment cost in consideration of the fact that the contribution acceptance company cannot collect the facility investment cost at once.

The card fee may be paid in cash by the cart users and may be paid by credit card, if it is a credit card.