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(영문) 창원지방법원 2016.01.29 2015가단77840
사용료
Text

1. The Defendant: (a) KRW 41,937,500 to the Intervenor succeeding to the Plaintiff and KRW 20% per annum from May 23, 2015 to September 30, 2015.

Reasons

1. Determination as to the cause of claim

(a) The facts following the facts of recognition do not conflict between the parties, or can be recognized in full view of the respective entries and arguments in Gap evidence 1 to 9 (including each number; hereinafter the same shall apply), Gap evidence Nos. 12 and 13, and the whole purport of the arguments, and each of the entries in Eul evidence Nos. 1, 2, 3, and Eul evidence Nos. 5 to 9 are insufficient to reverse the recognition, and no other counter-proof exists.

1) The Plaintiff is a juristic person established on April 5, 2012 and engaged in construction machinery and equipment contracting and lending business. The Defendant is a juristic person established on October 12, 2009 and engaged in construction business and engineering work, etc.) around June 2014, the Plaintiff leased construction equipment, etc. to C construction site located in Kimhae-si B, and entered into a contract on the use of equipment to be paid the fees. From June 2014 to March 2015, the Plaintiff leased construction equipment, such as digging machines, at the same construction site.

3) Pursuant to the above construction equipment lease, the Plaintiff: (a) deposited claims against the Defendant regarding the usage fees of KRW 1,815,00 on June 2014 and July 7, 2014; (b) KRW 6,600,00 on November 2014; and (c) KRW 7,810,00 on December 2, 2014; and KRW 24,156,00 on December 24, 2014; (b) KRW 17,05,50 on January 1, 205; and KRW 20,581,00 on February 20, 205; and (c) KRW 78,017,50 on construction equipment; and (d) paid part of the remainder of the usage fees to the Plaintiff; and (d) paid KRW 708,708,50 on May 36, 208; and (e) paid part of the remainder of the usage fees to the Plaintiff.

5) The Plaintiff’s Intervenor succeeding to the Plaintiff on May 26, 2015 (hereinafter “ Intervenor”)

The above claim of KRW 41,937,500 was transferred to the Defendant on the same day, and the notification was given to the Defendant on the same day, and the notification of the assignment was delivered to the Defendant on May 27, 2015.

(b) the board;

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