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(영문) 광주지방법원 2015.05.15 2014나11945
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 10, 2012, the Defendant entered into a contract for the instant construction contract (hereinafter referred to as “instant contract”) with the Southern-gun to supply and demand B (the fourth; hereinafter referred to as “instant construction”) from the Nam-gun during the construction period from February 16, 2012 to December 30, 2012, with the construction cost of KRW 2,451,990,80.

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.

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

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

C. The Plaintiff lent two excavation machines owned D to the construction site of this case. One of the two excavation machines (0.6w) was from December 8, 2012 to May 8, 2013, and the remainder of one (0.2 tramways) was from February 1, 2013 to each of the instant construction sites.

The Plaintiff received 16,830,000 won in total and transport expenses for two months from December 8, 2012 to February 7, 2013, and 7,000 won in the case of one set (0.2 tramways) for the above 2-month mining season from the Defendant, for one month from February 1, 2013 to February 28, 2013.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 and 2, Evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), witness D of the first instance court, the purport of the whole pleadings

2. The parties' assertion

A. On November 201, 2012, the Plaintiff asserted the arrears of equipment costs, etc.

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