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(영문) 부산지방법원서부지원 2017.08.11 2017가단100008
사용료(건설기계)
Text

1. The defendant,

A. The Plaintiff Co., Ltd.’s KRW 32,457,355 and the year from May 11, 2016 to April 24, 2017.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) partially paid the lease agreement and usage fees between the Plaintiff Co., Ltd. and the Defendant Co., Ltd.

(2) On March 21, 2016, the Defendant Company, which subcontracted the “civil engineering works among the C New Construction Works, determined and leased one navigation unit (including the part of the work), which is a construction machinery necessary for the said civil engineering works, as KRW 95,00,000. 2) If the Defendant Company excluded oil expenses, meals, etc. directly paid from the contractual rent under the said lease agreement, the user fee to be paid by the Plaintiff Company is KRW 92,457,355 (including value-added tax).

3) On May 10, 2016, Plaintiff Company issued an electronic tax invoice claiming the payment of KRW 92,457,355 of the above royalty to Defendant Company, and received it on the same day by the Defendant Company. 4) As such, Defendant Company paid KRW 60,000,000, total amount of KRW 45,000 on May 31, 2016, ② December 12, 2016, ③ KRW 10,000 on September 10, 2016, ③ KRW 5,000,000 on January 25, 2017.

B. The Plaintiff B and the Defendant Company partially paid the lease agreement and usage fee of construction machinery between the Plaintiff B and the Defendant Company. The Plaintiff leased the Defendant Company that subcontracted the “civil engineering works and civil engineering works among the new construction works of Busan Shipping Daegu D among the new construction works,” one of the construction machinery necessary for each of the above civil engineering works from September 2014 to October 201. (2) The sum of the agreed usage fees under the above lease agreement is KRW 115,500,000 (including value-added tax).

3) In relation to the above royalties, Plaintiff B issued an electronic tax invoice claiming the payment of KRW 23,100,000 among them on September 30, 2014, and KRW 92,400,000 among them on November 30, 2014, respectively, and the Defendant Company received it on the same day respectively. 4) As the above royalty, the Defendant Company paid KRW 110,100,000,000 to Plaintiff B from August 27, 2014 to February 5, 2016.

【Ground of recognition” has no dispute, Gap 1 through 12, and Eul 1 through 5 respectively.

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