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(영문) 서울고등법원 2015.05.15 2014나45869
양수금
Text

1. Pursuant to the preliminary claim, among the counterclaim claims filed at the trial, the Plaintiff (Counterclaim Defendant) shall be the Defendant (Counterclaim Plaintiff).

Reasons

(b) lease;

(1) [The Dominant Loan Agreement] Article 1 (General Provisions) of the Dominant Loan Agreement and the Dominant (Plaintiff), in co-operation on equal terms, agree on the following terms and conditions, and enter into this Agreement. The Plaintiff shall lease the temporary equipment and materials for the construction of the Dominant Construction to the Dominant Construction, and the rent incurred therefrom shall be paid to the Plaintiff. The address of the construction site where the construction of the Dominary Construction is conducted under Article 2 (Place of Supply): On-the-spot address No. 42-1 of the Dominanted On-the-spot, Gyeongjin-gun, Chungcheongnam-do: Article 3 (Contract Terms and Conditions):

1. This contract is a lease contract in accordance with the estimation of the individual rent by item.

2. Size: Mazambre = 170,072 square meters/non-limit = 41,700 square meters (including apartments, welfare halls, parking lots, and other annexed facilities);

3. Unit price: Maz. = 3,300 won/non-credit = 3,00 won.

4. Total amount: Mazambi = 170,072§³* 3,300 = 561,237,600 = 561,237,600 square meters* 3,000 square meters = 125,100,000 = Total amount of KRW 686,337,60 (excluding VAT) = 686,300 square meters

5.The contract amount shall be 440,000,000 (VAT separate) subtracting the total amount of 686,337,600 won which was derived from 246,337,600 won.

6. The contract quantity shall be equivalent to the quantity stated in the drawings, and if any change has occurred in addition to the quantity stated in this contract, the amount shall be adjusted according to the actual measurement without a unit price change equivalent to the increased or decreased quantity;

7. Contract period: From the contract date to the supervision of the completion of framework works (Provided, That the remaining materials that need to be prepared against the remaining construction shall be returned completely to the plaintiff);

8. The above contract shall be limited to this site and shall be limited to the section of the Alley Works.

* Description - Description of Materials: The supply materials shall be as listed in the separate sheet and shall be in accordance with the quantity calculation sheet.

(except as otherwise provided, the Plaintiff did not receive KRW 100,000,000 out of the above rent from Round Construction, and as to the Defendant of Round Construction as Seoul Central District Court No. 2013Kadan48012, May 3, 2013.

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