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(영문) 부산지방법원 2018.01.23 2016가단28381
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) Underlying facts: Defendant lessor: (a) Plaintiff 2 (contract Term). (b) The lease period of equipment shall terminate when the construction of PHC files is completed;

Article 3 (Terms and Conditions of Work) (1) PHC file Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashe

Article 4 (Use Fee) (1) Rental Fee shall be 4-15,00/M (Additional Tax) at a distance of 4500 meters.

(2) Rental fees shall include all the equipment, miscellaneous materials, oil/ personnel expenses/other expenses, etc. entered into the file, airportta Construction at the site of a party. Article 5 (Final Date) (1) The defendant shall pay to the plaintiff on the basis of the base rate (including the base payment date) paid by the contractor.

Article 6 (Specialist Port) (1) The Plaintiff shall be subject to the condition that the file construction is completed at the site of a party.

Around August 2015, the Defendant entered into a mid-term lease agreement (hereinafter “instant primary contract”) with the following contents related to the PHC file depth process (hereinafter “instant construction”) among DD projects performed by C (hereinafter “instant construction”), and set the scope of the Plaintiff’s work as part of the ship indicated in the attached Form 1.

Article 4 (Use Fee) (1) User Fees shall be KRW 147,500,00 (D500m, T4 Public Law) (Additional Tax Map).

(2) Rental fees shall include all equipment rents, miscellaneous materials, oil/ personnel expenses/ all other materials required for file operations on a current site.

(Provided, That this is limited to one-month rent) ① The Defendant shall pay to the Plaintiff on the basis of the base rate (including the base payment date) paid by the contractor to the Plaintiff on September 1 and on December 5, 199.

B. On October 8, 2015, the Defendant entered into a mid-term lease agreement (hereinafter “instant secondary contract”) that partially modifies the following content of the instant primary contract.

C. Meanwhile, from August 28, 2015, the Plaintiff entered into each of the above contracts.

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