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(영문) 광주지방법원순천지원 2014.07.24 2013가단21653
사용료
Text

1. The defendant shall pay to the plaintiff (Appointed) KRW 14,575,00, KRW 1,980,00 to the Appointed B, KRW 2,585,00 to the Appointed C, and KRW 2,585,00 to the Appointed C.

Reasons

1. Basic facts

A. On April 19, 2013, the Defendant concluded a contract for construction works that the Defendant would undertake “2013F expansion projects” (hereinafter “instant construction works”). The contract amount of the said construction works was KRW 148,251,00, and the date of commencement on April 23, 2013, the date of completion was October 19, 2013.

(However, the date of completion was changed to November 9, 2013 through the revised contract on October 16, 2013.

Plaintiff

The designated parties, hereinafter referred to as "Plaintiffs" are only designated parties.

) The designated parties and the designated parties are those engaged in construction machinery contracting or leasing construction equipment directly by inserting construction equipment at the construction site of this case. The unpaid equipment usage fees that should be paid therefrom shall be the sum of 14,575,000 won (including value-added tax; hereinafter the same shall apply) from June 17, 2013 to October 6, 2013 for the Plaintiff.

) The Selection B is KRW 1,980,00 in total from July 9, 2013 to December 12, 2012; KRW 2,585,00 in total from June 25, 2013 to June 29, 2013; KRW 495,00 in total from June 25, 2013; KRW 495,000 in case of Selection; and KRW 495,00 in case of Selection, July 1, 2013. [based on recognition] 2 through 7; Party A’s 10,12; Party B’s 1, and 8’s each statement (including each number, if any; Party G’s testimony, and the purport of the entire pleadings).

2. The assertion and judgment

A. The Plaintiff and the designated parties asserted that the Defendant, the contractor of the instant construction, has the obligation to pay the Plaintiff and the designated parties unpaid user fees to the Plaintiff and the designated parties, with the knowledge that the Defendant was directly managing the instant construction work. 2) As to this, the Defendant subcontracted the instant construction work to H around June 2013, but paid the full payment of the cost of construction due to the honored order to H until September 26, 2013. The Plaintiff and the designated parties using the construction machinery are H, and thus, the Defendant bears any obligation against the Plaintiff and the designated parties.

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