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(영문) 광주지방법원 2015.05.15 2014나9126
사용료
Text

1. Of the judgment of the first instance court, KRW 12,712,500 against the Plaintiff and the Plaintiff shall be fully repaid from October 18, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs the leasing business, such as a soft machine.

B. On February 10, 2012, the Defendant entered into a contract with the Southern-gun to supply and demand C Maintenance Work (hereinafter “instant contract”) from February 16, 2012 to December 30, 2012, with the construction period of KRW 2,451,90,80 (hereinafter “instant contract”).

After that, the Defendant and the Navy changed the construction period of the instant contract from February 16, 2012 to February 26, 2013. On June 7, 2013, the construction cost of the instant contract was changed to KRW 2,080,086,000.

C. On March 20, 2012, the Defendant entered into a contract with D (hereinafter “D”) under which the construction period for water supply and sewerage works among the instant construction works is KRW 1,429,050,000 (hereinafter “instant subcontract”) from March 20, 2012 to December 20, 2012.

On December 31, 2012, the Defendant and D changed the construction period of the instant subcontract from March 20, 2012 to February 16, 2013, and changed the construction period into KRW 1,369,513,000 on June 17, 2013.

From March 2, 2013 to June 25, 2013, the Plaintiff leased the scools owned by the Plaintiff to the instant construction site, including articles. The amounting to KRW 8,812,50, the amount of equipment rental fee incurred during the said period is KRW 3,90,000, total of KRW 12,712,50, the amount of equipment rental fee.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 of the parties concerned lent the Plaintiff’s digging pool at the Defendant’s request, as above, and the Defendant did not pay KRW 12,712,50 to the Plaintiff, and thus, the Plaintiff shall be paid the unpaid royalty of KRW 12,712,50 and the delay damages therefrom.

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