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(영문) 창원지방법원진주지원 2016.11.23 2016가합10752
사용료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2009, B Co., Ltd. entered into a contract between the Defendant and B, under which B would produce and supply the vessel block to the Defendant, and the Defendant would pay the price for the vessel block to B (hereinafter “instant contract”).

B. B, from February 1, 2009 to May 3, 2012, transferred all rights and obligations to C as a party to the instant contract, he/she produced and moved the vessel block in accordance with the instant contract by using 20 fingers produced at the expense of the stock company B during the period from May 3, 2012.

C. On May 3, 2012, C acquired all rights and obligations as a party to the instant contract from B, and on the same day, C prepared a contract between B and B, i.e., taking over 20 capitals from B, and the said contract stated that B is in lease of 20 persons to the Defendant, and C did not receive any rent from the Defendant, and that C would be paid the unpaid rent from the Defendant. On May 7, 2012, C established the Plaintiff and transferred all rights and obligations to the Plaintiff as a party to the instant contract.

Meanwhile, after taking over all rights and obligations as the party to the instant contract, the Plaintiff produced and moved the vessel block in accordance with the instant contract using 20 glars, and the Defendant kept 20 glars delivered with the vessel block from the Plaintiff, around January 25, 2016, and returned 20 glars to the Plaintiff.

E. According to the unit price agreement concluded on February 1, 2013 between the Plaintiff and the Defendant, capital for shipment must be provided by the Plaintiff when the Defendant provided and unloaded.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 has each number.

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