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Reasons
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(영문) 광주지방법원 2015.04.09 2014가합50793
사용료
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 8, 2012, the Defendant contracted the 1,082,90,000 Won (hereinafter “instant construction”) for the 1,082,90,000 Won from the Gwangju Northern District (hereinafter “instant construction”). On May 30, 2012, the Defendant left 486,60,000 won of reinforced concrete construction (84.3% of the instant construction) among the instant construction to the new design construction company (hereinafter “new design construction”).

B. The Plaintiffs supplied equipment or aggregate by leasing equipment at the construction site of this case as follows, and Plaintiff A received KRW 2,667,810 from the Defendant on November 30, 2012, with the exception that the Plaintiff received KRW 2,67,810 from the Defendant on June 28, 2013; around September 2013; and around October 18, 2013, upon the Defendant’s demand for direct non-performance of office, the Plaintiffs received equipment fees or aggregate charges from the Gwangju North-gu.

Plaintiff

The amount (the total amount of the claims) received (the date of receipt and the place of payment) of the total amount of the claims on which the claims have occurred.

1. Lease 48,187,500 (2,667,810 (the Defendant on November 30, 2012) 31,704,690 (i.e., 48,187,500-2,667,810-10,000-3,815,000) ② (ii) 10,000,000 (construction of North Korea-gu Office on June 28, 2013) ③ 3,815,00 (construction of North Korea-gu Office on September 17, 2013)

2. B Lease of 22,660,000 (5,000,000,000 (22,660,000-5,000-5,000) 13,860,000 (68, 203) (i.e., construction of North-gu Office on June 28, 2013) (22,660,000-5,000,00)

3. C Lease 3,795,000 1,800,000 (the construction of North-gu Office on September 17, 2013) 1,995,00 (=3,795,000-1,800,000)

4. Lease 11,00,000 1,500,000 for D digging machines (construction of North-gu Office on September 17, 2013) 9,500,000 (=1,000,000-1,500,000);

5. Lease 3,350,000 1,500,000 for E digging machines (construction of North-gu Office on September 17, 2013) 1,850,000 (=3,350,000-1,500,000);

6. F 27,800,000 5,000,000 (construction by North-gu Office on June 28, 2013) 19,00,000 (=27,800,000-5,000,000) ② 3,800,000 (construction by North-gu Office on September 17, 2013)

7. G dump lease 18,073,000 2,000,000 (construction of North-gu Office on September 17, 2013) 16,073,000 (=18,073,000-2,00,000)

8. Hump lease 8,576,488 2,000,000 (construction of North Korea Agency on September 17, 2013) 6,576,488 (=8,576,488-2,00,000);

9. I Aggregate Supply 17,556,00.

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