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Reasons
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(영문) 수원지방법원여주지원 2019.03.14 2018가단53189
장비사용료 청구
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1. The Defendant’s KRW 147,360,00 for the Plaintiff and KRW 6% per annum from June 28, 2018 to March 14, 2019.

Reasons

1. Facts of recognition;

A. From Jun. 2015 to Oct. 17, 2016, the Plaintiff was ordered by the Defendant at the construction site of the Kuyang apartment complex (hereinafter “instant construction site”); from Sept. 2015 to Jan. 2017, from Sept. 2015, the Plaintiff was ordered by the Defendant at the construction site of the Incheon Western apartment (hereinafter “instant construction site”); from Sept. 2015 to Jan. 2017, from Sept. 2015, the construction site of the Incheon Seo-gu apartment complex (hereinafter “instant third construction site”); from Aug. 1, 2016 through Aug. 30, 2016 to Aug. 30, 2016, the Plaintiff used the instant construction site of the instant construction project (hereinafter “the instant construction site”) that is ordered by the Defendant, using concrete pumps (hereinafter “the instant construction site”).

was awarded a subcontract.

B. Despite the execution of the instant construction, the Plaintiff did not receive from E the amount equivalent to KRW 3,850,000 at the first place of the instant construction project, equivalent to KRW 75,490,00 at the second place of the instant construction project, equivalent to KRW 21,340,00 at the third place of the instant construction project, and the amount equivalent to KRW 92,180,000 at the fourth place of the instant construction project.

C. On June 22, 2017, the Plaintiff agreed to use F (G) pumps equipment in performing the instant construction and pay F (F) fee of KRW 45.5 million for the direct payment of the equipment fee that was not paid to F (F).

“Preparation of this direct and written consent,” and the Defendant paid KRW 30,910,000 out of the said money to F on September 29, 2017.

On or before June 23, 2017, the Plaintiff’s statement of intent to directly claim KRW 184,640,000 among the construction price of this case to the Defendant is “a certificate of content of this case.”

I sent to the Court.

E. On November 14, 2017, E filed a report on the closure of construction business on the ground of company bankruptcy.

F. The Framework Act on the Construction Industry and subcontract transactions related to the instant case.

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