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(영문) 인천지방법원 2018.01.23 2017가단212872
장비사용료
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 151,80,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 6, 2017 to January 23, 2018.

Reasons

1. Basic facts (the combination of a principal lawsuit and a counterclaim shall be deemed to be filed);

A. The Plaintiff is a person who engages in the business of leasing construction equipment under the trade name of “B,” and the Defendant Company is a corporation that engages in soil and stone work, stone work, etc. as its intended business.

B. On November 8, 2016, the Defendant Company agreed to pay compensation for delay at a rate of 0.01% of the contract price per day of delay, when concluding a subcontract for construction works, which is KRW 1,589,500,000 (including value-added tax), with respect to the civil engineering works among the new construction works of building C in Jung-gu Incheon Metropolitan City (hereinafter “instant civil engineering works”) from November 8, 2016 to April 8, 2017.

C. On November 16, 2016, the Plaintiff concluded a construction work execution agreement with the Defendant Company with the following content (hereinafter “instant contract”).

1. Name of the construction work: The civil engineering work in this case;

2. Details of construction: Daegu T-40,000 (D-550m)

3. Period of construction: From November 18, 2016 to December 5, 2016: Article 1 (Scope of Construction Works)

1. The scope (1) of the Defendant Company: T-4 M-4 balance, rink, sprinkler, oil, various accessory materials, and (2) support period: Compact, compact, equipment transport cost in the field, round and ocean (3) work cost payment: payment to the Plaintiff when receiving progress payment from the original contractor.

2. The plaintiff's scope (1) monthly standards are 30 days.

(2) A statement of estimate shall be equivalent to the amount of the estimated cost, and a monthly work cost shall be paid at the expiration of 15 days, calculated on a daily basis 50,000,000 won, which is the monthly work cost, at the expiration of 15 days.

(3) The name of the work cost is the progress payment.

(4) The method of receiving progress payment shall correspond to the construction cost received by the Defendant Company from the original contractor.

(5) The progress payment shall be paid in proportion to the total input cost paid by the prime contractor to the Defendant Company.

3. Detailed statement of construction completion. Article 2 (Methods of Payment of Prize Money)

1. Payment for completed portion:

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