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(영문) 부산지방법원 2016.10.18 2015가단68146
양수금
Text

1. Defendant B Co., Ltd.: (a) KRW 24,669,229, and the Plaintiff’s annual interest thereon from October 17, 2015 to October 18, 2016.

Reasons

1. Basic facts

A. On November 22, 2013, the Defendant Busan Urban Complex Development Corporation (hereinafter “Defendant Corporation”) contracted ten tools of construction among the 1-11th sections of the C General Industrial Complex Development Corporation and the 111st section of construction to the Blimst Co., Ltd. (hereinafter “Tlimst”), and the 11th section of construction to the East Asian Geological Co., Ltd. (hereinafter “Dong Geoology”).

B. On February 25, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) contracted earth and construction works among the above 10 sections of construction works from Sastru on February 25, 2014. On April 9, 2014, the said 11 sections of construction works were awarded contracts for earth and appurtenant construction works among the said 11 sections of construction works.

C. The Dae-wheeled Co., Ltd. (hereinafter “In-depth Co., Ltd.”) leased sckes (D; hereinafter “the instant sckes”) and dump trucks for the Defendant Co., Ltd. and the 10th Section Construction, and leased sckes, etc. and carried them into Korea with earth and sand, and carried them into Korea.

On March 31, 2014, a non-party company issued a tax invoice of KRW 1540,00,00 for 11 tools and equipment, and KRW 2,618,00 for 10 tools and equipment, KRW 2,564,10 for 10 tools and equipment, KRW 2,564,10 for 10 tools and equipment, KRW 924,000 for 11 tools and equipment, KRW 924,00 for 11 tools and equipment, KRW 9,146,060 for 10 tools and equipment, and KRW 2,402,40 for 11 tools and equipment, KRW 77,00 for equipment, KRW 11 tools and equipment, KRW 248,679,94,539, and KRW 759,00 for 10 tools and equipment, and each tax invoice was issued.

E. On the other hand, on June 1, 2014, a fire was caused by excessive heat and excessive load (hereinafter “instant fire”).

F. On February 5, 2015, Nonparty Company transferred to the Plaintiff the claim amounting to KRW 64,69,229, including the Plaintiff’s unpaid equipment rent and construction cost claim amounting to KRW 24,69,229, and the damage claim amounting to KRW 40 million due to the instant fire, and on the same day.

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