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(영문) 인천지방법원 2018.05.16 2016가단212790
자재비청구
Text

1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 138,00,000 to the Defendant (Counterclaim Plaintiff) and its amount from July 19, 2016.

Reasons

1. Basic facts

A. Treatment Construction Co., Ltd. (hereinafter “Treatment Construction”) subcontracted to the Defendant the designated construction work (or the end of the concrete file construction work) while performing the construction work of constructing 14 apartments and ancillary and welfare facilities in the Nam-gu Busan Metropolitan Government C Group around 2015.

Around December 2015, the Defendant re-subcontracted the instant construction works during the designated construction works (hereinafter “instant construction works”) to the Plaintiff, who is engaged in construction machinery rental business, etc. under the name of “D”.

B. For the instant construction, on December 28, 2015, the Plaintiff transferred the F (i.e., the instant port departure machine (hereinafter “instant port departure machine”) leased from E Co., Ltd. (hereinafter “E”) to E Co., Ltd. for the period of use from December 29, 2015 to December 29, 2015, and the monthly rent of KRW 60 million (excluding value-added tax).

C. From January 2016, the employees of the Plaintiff-affiliatedd the instant construction work.

Plaintiff

At around 14:20 on March 9, 2016, G, a driver under his jurisdiction, operated the steering gear of the instant port and driven and moved the instant port steering engine to the right side, and as the instant port steering gear was transferred to the right side, there was an accident (hereinafter “instant accident”) involving four passengers due to shocking two vehicles in which the length part (45m in length) was passing on a nearby road.

On March 22, 2016, the Defendant sent to the Plaintiff a certificate of content that “The amount of 17,000 won per file, which was agreed upon at the port, includes personnel expenses, equipment user fees, and other various expenses, and thus, the equipment rent and the repair are entirely attributable to the ear company.” The Defendant sent to the Plaintiff a certificate of content that “the equipment rent and the repair is entirely attributable to ear company

On March 25, 2016, the Plaintiff sent a certificate of content that “the addressee prevents the Plaintiff from entering the site. The Defendant paid equipment rent, materials procurement cost, labor cost, and other expenses.”

E. On April 16, 2016, the Defendant (the owner of the accessories to the instant port) and H E in order to handle the instant accident.

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