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(영문) 부산지방법원 동부지원 2018.11.08 2017가단208838
사용료
Text

1. As to Defendant B’s KRW 38,500,000 and KRW 12,100,00 among them, Defendant B shall be from September 10, 2016 to KRW 13,200,00.

Reasons

1. Basic facts

A. The Plaintiff owns 2,200P, a “E” (hereinafter referred to as the “instant resort”) as a person who runs the instant resort rental business with the trade name of “D”.

B. Defendant C Co., Ltd. contracted G construction with F Co., Ltd. on June 3, 2016, and entered into a contract for the purchase and transportation of stone for the purpose of the purchase of stone necessary for the protection of the said submarine cable (hereinafter “instant private land transport contract”).

C. The main contents of the instant temporary transportation contract are as follows.

On December 31, 2016, the term of the contract on June 3, 2016, the term of the contract on June 31, 2016, the contract quantity of 24,000 cubic meters (12,800 cubic meters for the first vehicle, 2.11,200 cubic meters for the second vehicle): The contract price of stone and transportation expenses (the arrival level of a towing boat): 30,000 won/per 2200 P, 2000 for the sea group holding condition: Bre (200 P, 200 P, 1,100 p, 750 p, 750 mp), and 1.00 square meters (1.00 mp), the oil expenses for two sea-going transportation shall be paid by Defendant C

Payment of advance payment: 150,000,000 won: To be made every time when completion of 6,000 square meters is completed.

Around June 7, 2016, Defendant B entered into a contract with the Plaintiff to charter the instant sub-party to the instant sub-party (hereinafter “instant charter contract”) with each of the Plaintiff, setting the date of commencement of use as of June 7, 2016; monthly charterage of KRW 12,00,000 (excluding value-added tax); and the date of payment as of the end of each month, “not later than 40 days after issuance of the tax invoice after the end of each month”; and

E. According to the instant charter contract, the instant sub-party was used at the site of G Corporation from June 7, 2016 to September 30, 2016. However, even until the date of the closing of argument in the instant case, the Plaintiff did not pay KRW 38,500,000 out of the total charterage amount of KRW 39,60,000 (including value-added tax) from July 2016, August 2016, August 2016, and September 2016.

F. Meanwhile, upon the termination of the instant private transport contract on September 20, 2016 due to Defendant B’s refusal of performance, Defendant C Co., Ltd. directly with the Plaintiff on September 30, 2016.

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