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(영문) 수원지방법원안산지원 2014.07.17 2013가단38695
장비사용료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with Gap evidence 3, 4, 6, 7-1, 2, 9, 10, 10, 10, 10, 10, 10, 10, 10, and 30,000,000,000,000,000,000

The plaintiff is a juristic person with the purpose of the construction machine leasing business, the engineering work business, etc., and the defendant is a juristic person with the purpose of waterworks and sewage

B. On March 18, 2013, the Defendant entered into a subcontract with the Seocheon-gu Seocheon-gu Incheon District Office C for the project for the maintenance of pipelines, and on March 20, 2013, the Defendant entered into the said project with B to the amount of KRW 87,860,00 ( separate value-added tax) for the soil and sand, pipes, structures, packaging, and ancillary construction (hereinafter “instant construction”) during the said project, and the period of construction from March 20, 2013 to August 30, 2013.

The main contents of the above contract are as follows:

Article 12 (Adjustment) (2) When there is an enterprise which has not been paid such as food expenses, labor expenses, equipment expenses, etc. before the final settlement, the defendant shall pay it directly within the agreed amount, and when exceeding the agreed amount, B shall be responsible and processed, and related documents shall be submitted before the settlement of accounts, and when the problem arises due to the failure, B shall be liable for all civil and criminal charges.

C. From June 17, 2013 to August 27, 2013, the Plaintiff leased equipment at the instant construction site from B, and received from B, the name “D director of A-A-A-A-A-A-A-A-A-A-B-U-D.”

The Plaintiff prepared a field work certificate, which is KRW 12,265,00 (excluding value-added tax) in July 2, 2013, and received the signature of confirmation from B.

E. On July 31, 2013, the Plaintiff issued a tax invoice consisting of 12,265,000 won for the Defendant, “person who received supply”, “product user fee,” and “supply price,” and on August 31, 2013, the Plaintiff issued a tax invoice consisting of 18,390,000 won for the Defendant, “person who received supply”, “product user fee,” and “supply price.”

F. On October 24, 2013, the Defendant remitted KRW 3,065,00 to the Plaintiff’s account.

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