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(영문) 수원지방법원여주지원 2016.11.29 2015가단25176
사용료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2014, the Defendant PPS Co., Ltd. (hereinafter “Defendant PPS”) entered into a subcontract with Defendant SPS Construction Co., Ltd. (hereinafter “Defendant SPP construction”) on the condition that the subcontracted period is 1,15,00,000 won for reinforced concrete construction among the construction works for the construction of the underground tourist hotel (hereinafter “instant construction”) outside A and 3 lots of land, as permissible, to Defendant PPP construction.

B. On January 20, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) stipulating that the Plaintiff shall lease the temporary materials necessary for the instant construction from January 20, 2015 to June 30, 2015, and the rent of KRW 120,80,000 (1,510 square x 80,000 per square x value-added tax) for the instant construction to the construction of the EP industry (hereinafter “instant contract”), and leased the temporary materials at the instant construction site.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-3, the purport of the whole pleadings

2. The Plaintiff’s assertion is an amount equivalent to the amount of KRW 19,140,00 (including value-added tax) issued on August 31, 2015 of the Plaintiff’s assertion that the remainder of KRW 132,880,000 (including value-added tax) under the instant contract constitutes the amount of KRW 19,140,00.

This is the amount obtained by subtracting the amount of KRW 22,00,000 (20,00,000 x 1.1.1) as stated in the “Agreement” dated August 11, 2015, from the estimated amount of non-payment of June 2015, as indicated in the “A field transaction advance statement” (2,00,000 x 37,40,000 x 1.1 x 1.1) as indicated in the “Agreement” (22,00,000,000 x 1.1) as of June 17, 2015.

(1) The Corporation has not received the payment.

In addition, after the expiration of the lease term of the instant contract, the refund from July 1, 2015 to August 25, 2015, which was completed after the expiration of the lease term of the instant contract, shall be delayed and the Plaintiff shall incur a loss equivalent to the rent of KRW 10,812,049.

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