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(영문) 의정부지방법원 2016.08.18 2016가단8268
장비사용대금
Text

1. The Defendant Dong Co., Ltd. shall pay to the Plaintiff KRW 28,900,00,000 as well as its full payment from March 24, 2016.

Reasons

1. Facts of recognition;

A. The following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the entries in Gap evidence Nos. 1 to 4 and the purport of the entire pleadings:

1) On October 1, 2015, the Plaintiff’s name (hereinafter “Defendant’s name”) by Defendant Young-gu, Inc. (hereinafter “Defendant’s name”).

B) As between the Defendant’s business and the contractor, the Defendant’s business is the same as that of the Defendant’s East Industry (hereinafter “Defendant’s East Industry”).

(B) Rocheon-si, Sincheon-si, Mancheon-si, 300 Eastern Industrial Site (B; hereinafter referred to as the “instant machine”).

(1) A construction machinery use agreement (hereinafter referred to as “instant agreement”) for leasing construction machinery

(2) At the time of the instant contract, the Defendant Dongdong Industries guaranteed the performance of the obligation to pay the fees, etc. under the instant contract under the name of the Lessee, the lessee, and the main contents of the instant contract are as follows.

Article 2 (Period of Use) From October 3, 2015 to October 2, 2016 (12 months)

Article 4 (Use Fee) The user fee shall be paid in cash (excluding value-added tax) per month, and the same period (1,2, and March) shall be KRW 8 million per month (excluding value-added tax).

section 6(1)(A) “A” shall pay user fees every 30 days a month. (2) “A” shall be paid preferentially on the payment date, regardless of the payment date when the construction owner or the original contractor has received progress payments, including the cost of transportation and usage of construction machinery.

Article 12 (Completion of Construction Machinery) "A" or "B" shall, when any cause for the withdrawal of construction machinery occurs due to inevitable reasons, such as working conditions, etc. during the contract period, notify the other party of the fact three days before the expiration of the contract and may withdraw the construction machinery in accordance with mutual agreement.

Provided, That where it is impossible or unreasonable to work, "A" may unilaterally withdraw.

Article 14 (Other) The user of the middle-term office shall be the pre-paid key from the pre-paid processing costs of the East Industry, Co., Ltd., which is the name of the company or the original office building, and the name of the office shall be the corporation.

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