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(영문) 광주지방법원 2017.08.23 2016나50364
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. Parties 1) The Plaintiff is a company aimed at the construction machinery rental business, etc., and the Defendant is a company engaged in underwater and earth construction business for the purpose of doing so, and Jeju Do G Corporation (hereinafter “Dok-do Corporation”).

2) The term “satisfying construction” and “satisfying construction” (hereinafter “satfying construction”)

2) D is the owner of the tugboat, which is the tugboat owner, and E is the barge J (hereinafter “instant barge”).

B. Each of the instant contracts 1) The Defendant entered into a contract on July 23, 2014 for use at the construction site of the instant rain, but appears to have been prior to July 12, 2014 on the date of the actual contract. Between E and E, the monthly user fee for the instant barge is set at KRW 40 million and the agreement on the use of equipment as follows (hereinafter “instant barge charter agreement”).

A) The contract for the use of equipment was concluded. In concluding the contract for the use of equipment, the user for convenience is “A” and the owner is “B”. Article 1(E) provides that the owner shall lease the equipment for the use of equipment for the purpose of convenience from July 12, 2014 to “B”. Article 1(1) provides that “A shall use the equipment for the use of the equipment for the purpose of convenience in writing or verbally during the contract period, and Article 3(a) provides that “A shall take responsibility for and shall not take responsibility for and shall not take responsibility for the use of the equipment in writing or orally during the contract period.” Article 1(1) provides that “A shall take responsibility for and shall not take responsibility for the use of the equipment.” Article 3(a) of the contract for the use of equipment for the use of the equipment for the purpose of convenience in the future from July 12, 2014 to which the equipment is delivered to A.

1.The payment shall be made at the end of each month in accordance with the payment rules of A within the following month.

2.The receipt of rents under this Agreement shall be in the legal tax invoice.

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