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(영문) 서울서부지방법원 2015.05.28 2014가합2778
공사자재 임대료 등
Text

1. The Defendant shall pay to the Plaintiff KRW 218,590,101 and a rate of KRW 20% per annum from March 4, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of civil engineering, the production, sale and lease of provisional materials for construction, and the temporary construction of civil engineering and construction, and the Defendant is a company with the objective of construction business, etc.

B. On March 2013, the Defendant was awarded a contract with Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) for a reinforced concrete construction project (hereinafter “instant subcontracted project”) among the construction works for building C, D, and E-style houses located in Seongbuk-gu, Sungnam-si.

C. On March 27, 2013, the Plaintiff: (a) issued a written estimate to the Defendant regarding the lease and installation of the system Dongba, B/T system (hereinafter “instant temporary materials”); (b) around that time, the Plaintiff was to lease the instant temporary materials to the Defendant (hereinafter “instant lease agreement”); (c) supplied the Defendant with the installation of the instant temporary materials at the site of the instant subcontracted project from the Defendant (hereinafter “instant re-subcontract”); and (d) the Plaintiff re-subcontracted the instant re-subcontracted the instant re-subcontract to F and G.

The main contents of the said quotation and the instant lease agreement are as follows.

The total amount of SYTSM W W. 48,211 cubic metres: 86,779,800 cubic metres: Total amount of material from 48,211 cubic metres: 86,779,800 cubic metres = 18,211 cubic metres 】 1,800 cubic metres: Total amount of material and labor costs of 112,945,000 metres: Conditions for the estimate of KRW 19,724,80:

1. A separate surtax;

2. Materials and labor expenses;

3. Criteria for 60 days:

5. Total amount of 2/T YSTM written estimate: 21,022 square meters per 6,000 square meters per 26,132,00 won per 6,000 square meters per 126,132,00 won per 122 square meters per x 6,000 square meters per 110,717,50 won per 6,50 won per 110,717,50 won per 236,849,50 won per :

1. A separate surtax;

2. Materials and labor expenses;

3. Standards for five months (150 days) - Where a month is added, 1,200 won per month;

5. The quantity shall be changed according to the on-site conditions;

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