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(영문) 서울동부지방법원 2014.07.09 2013가합16624
임대료
Text

1. The Defendant’s KRW 51,534,032 as well as annual 6% from October 24, 2013 to July 9, 2014 to the Plaintiff.

Reasons

1. Facts of premise;

A. The Plaintiff is a juristic person that operates equipment leasing business, and the Defendant is a juristic person that operates civil engineering, construction and construction business.

B. On May 201, the Plaintiff entered into a lease contract with the Defendant for materials (hereinafter “instant lease contract”) stating that “The Defendant shall lease a t file (SHE PLE, and a third party type strong steel) to support soil in the construction of an underground street 245, Gyeyang-gu, Incheon, Gyeyang-gu, Incheon (hereinafter “instant construction”). The key contents are as shown in attached Form 1.

C. From May 5, 2011, the Plaintiff supplied the file to the Defendant in accordance with the instant rental contract. The total quantity supplied is the 400 x 150 x 13 385 m, size 500 x 200 x 19.5 m, total 14,693.4m, in total, 14,693.4m.

400. The weight per meter of the prote file is 60 km, and the weight per meter of the prote file is 105 km.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Grounds for the claim;

A. Article 1(1) of the Contracts to Lease of this case applies to the supply of 500 sets files instead of 400 sets, as the unit tonnage of the 400 sets.

Although the above provision provides that the weight difference between the 400 prote file and the 500 prote file shall not be considered, it means that the same weight per meter shall apply 400 km, which is the weight of the prote file, to the same 400 km, and it does not mean that the above part shall not be considered due to the difference in the width of the prote file.

500 sets shall be 400 meters wide from 500m to 400m wide and shall be 500m wide and shall be 400m wide from 400m wide and shall be 50m wide.

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