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(영문) 춘천지방법원원주지원 2016.11.10 2015가단5490
장비사용료
Text

1. The Defendant: 20% per annum from September 5, 2015 to September 30, 2015, and on October 1, 2015, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a construction equipment operation business and landscaping construction business under the trade name B, and the Defendant is a corporation that runs a considerable recovery design and construction business.

B. The Defendant was awarded a contract to the Korea Development Bank C&D (hereinafter “instant construction”) with the G&D around 2013.

C. As of April 1, 2013, the Defendant drafted a construction subcontract agreement with D on April 3, 2013, stating that the instant construction work shall be the construction period between April 3, 2013 and July 11, 2013, and that “75% of the positive amount after completion of construction.”

On April 2013, the Plaintiff entered into a contract with D to implement restoration work by providing equipment necessary for the instant construction work, such as crails, etc.

E. In accordance with the above contract entered into with D, the Plaintiff provided Macles, etc. and performed restoration work from April 2013 to August 2013, 2013.

F. The prices of used equipment and construction costs, such as Macles, offered by the Plaintiff, are KRW 9,212,50 for April 2013; KRW 18,875,00 for May 2013; KRW 15,225,00 for June 2013; KRW 13,200 for July 13, 2013; KRW 9,175,00 for August 2013.

G. Of the above heavy equipment costs and construction cost, the portion on April 2013, and the portion on May 2013, 2013, including value-added tax, was fully paid.

On June 2013, 2013, the amount of value-added tax paid in KRW 8,747,500,000, including value-added tax, was paid in total in KRW 16,747,50, and the amount of KRW 8,747,500, including value-added tax, was not paid in KRW 14,520,00,000, including value-added tax, and August 2014, including value-added tax, was paid in KRW 10,092,50,000.

[Ground of recognition] The written evidence Nos. 1, 5, and 6, part of the witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 entered into a contract with the defendant to implement restoration work by providing heavy equipment. As such, the defendant is a contracting party to the contract, and the amount of 3,360,000 won and the amount of the mid-term equipment and the construction cost payable to the plaintiff.

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