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(영문) 서울고등법원 2016.11.17 2016나2027533
정산금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff, the defendant A was 140,679,782 won and this.

Reasons

1. A contract for leasing goods on the basis of the facts;

4. Period of contract: Within six months of temporary materials;

5. Contract amount: 264,00 won (including value-added tax) per ton of the lease unit price, and the construction cost shall be a separate product contract (general conditions) under which the actual input of the lease unit is settled.

(2) After the expiration of the lease period, A shall return the leased materials without delay, and A shall attend and examine the leased site or B at the designated place by entering the delivery certificate, and shall, if A and B are not present at the leased site or B, regard A’s designated person or driver as his/her agent, and issue B a certificate of receipt to A.

Special Terms and Conditions of Additional Agreements

7.If the lease period exceeds the lease period, the above sale shall be settled by the month above 40,000/months.

The net materials shall be settled as 850,000/TON.

9.Payment of the cost of repairing and loss (1) If there is a defect in the material sale/lease in the event of a loss after the return of the material, if it is possible to repair the material in its original form, B may claim repair costs for the cost of repair incurred to A.

When settling the loss room, A and B shall be settled under the agreement between A and B.

On July 30, 201, Defendant A (mutual: G) entered into a contract for the lease of goods (hereinafter “instant lease contract”) with respect to steel materials, such as H-BEAM, to be used at the site of the construction of the “E” (hereinafter “instant construction”) and the “EAM” of the Defendant Company (hereinafter “instant construction”).

B. In accordance with the instant lease agreement, E supplied the Defendant with steel materials, such as H-BEM (hereinafter “instant steel materials”) so that it can be used at the site of the instant construction work.

E shall be subject to the refined ethyl Co., Ltd. (hereinafter referred to as “refined ethyl”).

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