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(영문) 창원지방법원 진주지원 2018.09.07 2017가단35171
장비대금
Text

1. The Plaintiff. The Defendant Construction Co., Ltd. shall be KRW 29,205,00 for the Defendant Construction Co., Ltd., and KRW 2,475,00 for the Defendant CD-style Construction Co., Ltd.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff is an entrepreneur who leases machinery and equipment for construction and civil engineering works with the trade name “B,” and the Defendant Receiving Construction Co., Ltd. (hereinafter “Defendant Receiving Construction”) from April 30, 2016 to September 30, 2016.

(B) At the request of the Company, a sum of KRW 29,205,00 has been provided with construction equipment and issued up to the tax invoice, and around September 30, 2016, Defendant Newly Inserted by Presidential Decree No. 27504, Sep. 30, 2016 (hereinafter “Defendant Newly

(2) Since construction equipment equivalent to KRW 2,475,00 has been provided to the Plaintiff and the tax invoice has been issued, the Defendants shall pay to the Plaintiff the amount of KRW 29,205,00, KRW 275,000, and KRW 2,475,00 and KRW 2,475,00, and each of the above amounts have been paid damages for delay. (2) The Defendants’ assertion that the Defendants were the head of the field office of the Defendants, and the Plaintiff-friendly C were provided with the construction equipment at the construction site of the Defendants. The Defendants requested C to submit the details of the use of the construction equipment on several occasions, but C did not know the exact details of the use of the equipment, and C issued the tax invoice at will without the Defendants

B. The following circumstances are revealed by comprehensively taking account of the respective entries and arguments in Gap's evidence Nos. 1 through 3 and 5 through 8, and the overall purport of the arguments. In other words, the plaintiff appears to have obtained the defendants' employees' signature on each work day in the construction machinery lease confirmation contract (Evidence No. 3) while providing construction machinery to the construction site of the defendants. ② The plaintiff calculated the unit price of the construction machinery (Scke 03 tramways) provided to the defendants by calculating the supply price of 64 days as the amount of 495,00 won per day generally used (including value-added tax) per day, and calculated the supply price of 29,205,000 won in total to the defendant's receipt by September 30, 2016.

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