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(영문) 울산지방법원 2017.09.27 2016가단20243

임대료

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 as well as the interest rate from September 30, 2016 to the day of full payment.

Reasons

Ⅰ. The progress of the case and the following facts are recognized to the effect that there is no dispute or the entire pleadings, other than each macrodic evidence.

1. The Plaintiff and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) made a double processing of tin, which occurred in the process of constructing a logistics warehouse factory in Ulsan-gun E and 36 lots (hereinafter referred to as “the construction site of this case”), a company D (hereinafter referred to as “D”) used in the process of constructing a logistics warehouse factory in Ulsan-gun-gun, Ulsan-gun, and 36 lots, and installed a crupt (S) equipment in combination at the construction site of this case by inserting each of the amount of KRW 538 million and the amount of KRW 70 million to KRW 1 billion.

2. The kinds of equipment installed by the Plaintiff and Defendant B are as follows:

[Attachment A 9, B 1] H F of the Plaintiff’s input equipment F G Defendant input equipment

3. Defendant C Co., Ltd. I (hereinafter “I”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are each subsidiaries of each of the D, and were in charge of the extraction of aggregate by receiving civil engineering works from the construction site of this case.

4. On July 25, 2011, the Plaintiff entered into a contract with Defendant B to pay rent of KRW 42 million monthly, on condition that he/she leases shower equipment owned by Defendant B, and drafted a new contract with the same content as the second one on March 2, 2012.

[A] May 2, 2014, and I entered into a contract with Defendant B to enter into a contract for aggregate production on the instant construction site, setting the contract period from September 29, 2014 to June 30, 2015.

[A] On June 1, 2014, the Ulsan Metropolitan City Ulsan-gun accepted the “report on the crushing of Aggregate Buildings” within the construction site of this case submitted by Defendant B on October 10, 2014.

[A8] At the time of July 7, 200, Defendant B used the chain stone facilities used for the production of aggregate with the equipment of “ sand screening machine, stop file equipment, etc.” owned by the Plaintiff, and Defendant B used it together in the process of the production of aggregate.

[See Article 2(6) of Eul evidence 1 and corresponding parts of Eul evidence 2 and Eul evidence 3, see Article 2(6) of Eul evidence 4.8.