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(영문) 의정부지방법원고양지원 2017.05.24 2016가단23840
물품대금
Text

1. The Defendant’s KRW 4,389,00 and the Plaintiff’s annual rate of KRW 5% from March 3, 2016 to May 24, 2017.

Reasons

1. Basic facts

A. 1) On July 30, 2014, the Plaintiff entered into a construction machinery lease agreement. The Plaintiff is the B Corporation located in Busan (hereinafter “instant construction project”).

(B) between the Defendant, the contractor, and the Plaintiff, from July 30, 2014, the date of the commencement of the instant construction project to December 31, 2015, from July 30, 2014, the date of completion of the instant construction project, each of the parts for construction to be used at the site of the instant construction project (referring to a string machine for construction that combines all of the parts, such as electric motors, accelerators, and over-cocks, etc.);

hereinafter referred to as “each of the instant construction machinery”

(2) The loan shall be extended to KRW 275 million, and the loan shall be paid in cash within 60 days after the end of each month, and the loan shall be paid in accordance with the number of actual days of use (hereinafter “instant lease agreement”).

(2) On the other hand, the term “construction machine lease terms” as part of the instant lease agreement includes the following:

Article 4 (Lease Fees, etc.) (1) Rental fees shall be the amount stipulated in the contract.

(2) The rent as referred to in paragraph (1) shall be deemed to include the wages for construction machinery operators, mechanical damages (Depreciation, maintenance expenses, and management expenses).

Article 6 (Terms and Conditions of Payment for Rental Fees) The defendant shall pay the rental fee to the plaintiff from the end of each month if the period of use of construction machinery exceeds one month, and from the end of each month if the period of rental does not exceed one month, the rental fee shall be paid to the plaintiff by the due date determined as within a short period of

Article 9 (Rights and Duties of the Plaintiff) (1) The Plaintiff shall thoroughly maintain and maintain the prevention and maintenance so that construction machinery can be operated normally.

3) In addition, “the specifications for the creation of a list of houses”, which are part of the instant lease agreement (hereinafter “instant specifications”).

1. The Corporation (the scope of checking) shall include the following:

(b) need field safeguard works;

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