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(영문) 광주지방법원 2018.05.11 2017나7022
사용료
Text

1. Of the judgment of the court of first instance, KRW 140,386,278 against the Plaintiff and its related amount shall be from January 3, 2017 to the date of full payment.

Reasons

1. The reasons for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the Plaintiff the equipment user fee of KRW 154,123,778 and the delay damages, unless there are special circumstances.

B. The defendant's assertion (1) asserts that the defendant paid KRW 3,425,00 among the above equipment usage fees.

According to the evidence evidence Nos. 1, 2, 5, and 4, 5, and 8 of the Plaintiff, the Plaintiff issued each tax invoice of KRW 825,00 as the user fee of equipment for July 31, 2013, with the amount of KRW 2,692,250 as the user fee of equipment for August 31, 2013, and KRW 825,00 as the user fee of equipment for August 31, 2013. The Defendant paid KRW 2,60,00 as the Plaintiff’s representative director E account on October 11, 201, and KRW 825,00 as the Plaintiff’s account on November 12, 2013. In other words, the Plaintiff’s assertion that the amount of the tax invoice issued by the Plaintiff and the Defendant paid KRW 20 as the replacement fee of equipment for the above portion of the Plaintiff’s account for KRW 7,000 as the Plaintiff’s account for the above reasons that it is difficult to the Plaintiff’s account.

(2) The Defendant claimed 10,312,50 won as usage fee of equipment on September 30, 2015.

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