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(영문) 인천지방법원 2018.01.12 2017가합55021
장비임대료
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 209,986,299 to the Plaintiff (Counterclaim Defendant) and its related amount from February 9, 2017 to January 12, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company with the purpose of maritime transport business, maritime equipment leasing business, etc., and the defendant is an engineering work business, building work business, etc.

On May 6, 2015, the Defendant contracted A Corporation (hereinafter referred to as “instant construction”) from the Vindication-gun, Incheon Metropolitan City, to the construction period from May 8, 2015 to May 8, 2018.

On October 2015, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff to be supplied for seven months (hereinafter “instant contract”) with the Defendant (hereinafter “A”) and the Plaintiff (hereinafter “B”) with respect to the instant contract, in order to perform construction works, such as basic excavation, strawing, strawing, clothesing, and TTPP strawing, etc., of the instant construction works. In relation to the instant contract, the Defendant’s contract for the lease of equipment (hereinafter “instant contract”) entered into between the Plaintiff and the Defendant (hereinafter “B”) and the Plaintiff (hereinafter “instant contract”).

Article 1 (Status of Equipment), one tugboat, one barge (Period of Use and Use), and one barge (Period of Use and Use), Article 2 (Period of Transport), such as Article 16 (Period of Use and Use), shall be 7 months from the date of commencement of the lease of the equipment after the commencement of the 2nd construction of the 16th unit. Marine transportation shall be included in the loading and unloading of stone, block, clothes, TTPP, and shall be all of the personnel and equipment necessary for basic excavation, building stone, tTPP stone, tTPP stone, and TTPP. The monthly lease of Article 3 (Receipt of Equipment Fees and Fees for Use of Equipment): Additional Tax on a monthly basis (100,000,000): The payment shall be made within 15 days after the receipt of the rental term.

Provided, That a payment guarantee instrument for the cost of equipment equivalent to seven months shall be attached.

Article 5 (Prevention of Accidents and On-Site Safety Measures) A shall conduct safety education to prevent all accidents during the term of the contract.

Section 5.2.

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