logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.11.19 2014가합25150
손해배상(기)
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 August 2010, the Plaintiff leased industrial equipment, construction temporary materials, etc. under the trade name of “B,” and the Defendant was awarded a subcontract for “C-private partnership facility construction works” from the Nam Young Construction Co., Ltd. (hereinafter “Nam Young Construction”).

B. On August 2010, upon receiving a request from the Defendant for the lease of temporary materials for building from September 27, 2010 to March 2011, the Plaintiff supplied temporary materials, such as uniforms, to the above construction site (Game D), but the said construction was suspended due to an application for legal management of the Southern Construction around April 2011.

C. After that, the subsequent construction company succeeded to the said construction due to the waiver of the construction work in South Young-gu, and the Defendant, who failed to conclude a re-contract with the subsequent construction company, failed to settle the rent for temporary materials up to the time between the Plaintiff and the Plaintiff at KRW 78 million on June 201, prepared an agreement settlement statement with the following contents:

(hereinafter referred to as “instant settlement agreement”. The settlement amount: 78 million won including value-added tax - the amount already paid and received 16 million won including the amount of value-added tax - the amount of subsequent settlement: 62 million won including the amount of value-added tax, but not including the amount of value-added tax 62 million won until June 15, 201, and with respect to the amount of rent and the amount of transfer of materials incurred thereafter, it shall be accepted and transferred at the time of the selection of the follow-up enterprise, such as succession to construction.

(2) A receiver shall issue a tax invoice additionally created when settlement of accounts other than the existing accrued amount.

(63.7 million won - Additional dues) received and completed the amounts arising at the above site. It shall be collected as follows: (a) The obligation relationship between your company and his own obligation has been completely extinguished, and no further claims shall be filed, and shall not raise a civil or criminal objection.

According to the instant settlement agreement, the Defendant paid the Plaintiff a rent of KRW 62 million to the Plaintiff at the same construction site, and thereafter the construction was completed after the completion of the said construction.

arrow