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(영문) 청주지방법원 2019.10.11 2018가단30405
장비대금 등
Text

1. The Defendant’s KRW 64,190,50 for the Plaintiff and its 15% per annum from January 11, 2019 to May 31, 2019.

Reasons

1. Judgment on the plaintiff's assertion

A. 1) The Plaintiff operates a construction machinery rental company with the trade name of “C” and a construction business entity with the trade name of “D,” and the Defendant operates a construction business entity with the trade name of “F” in the name of “E. 2) The Defendant was awarded a contract for civil engineering works (hereinafter “instant construction works”) among the new construction works of 406 square meters wide-ground loaning construction works in Seocho-gu, Seo-gu, Seo-gu, Seoju-si, and entered into a contract with “H for the instant construction works by requesting H to perform the instant construction works, by supplying landscaping stones, irrigation materials, and ready-mixeds, and the construction cost was paid by H by inserting workers, construction machinery, and other materials.

3) Pursuant to the above contract, H performed the instant construction work from August 2017 to the Plaintiff and supply aggregate by leasing construction machinery, such as dump trucks and dump trucks, at the request of H, at the instant construction site at the request of H., while performing the instant construction work from August 2017 (hereinafter “instant contract”). H is a contract under which the Plaintiff shall pay monthly rent of construction machinery and aggregate proceeds (including value-added tax)

(4) According to the instant contract, the Plaintiff leased construction machinery, such as dump trucks, from August 3, 2017 to September 26, 2017, and had the article carry out activities, such as piling up stone rocks, piling up sewage pipes, site rearrangement, etc. according to H’s instructions. The Plaintiff supplied aggregate, such as recycled aggregates and dump stoness. The rental price and aggregate cost of the construction machinery were KRW 34,00,06,50 for August 3, 2017, and the portion of September 30, 2017 was KRW 30,184,000 for each value added tax (including each value added tax; hereinafter referred to as “instant equipment cost”).

5) Between H and H around August 2017, when H had performed the instant construction work, the Defendant agreed to pay directly the leased construction machinery and aggregate charges that the Plaintiff leased or supplied at the instant construction site according to the instant contract (hereinafter “instant agreement”).

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