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(영문) 서울중앙지방법원 2017.06.13 2016가합531855
장비임대료
Text

1. The Defendants: (a) each Plaintiff KRW 315,250,000; and (b) Defendant Won-nam, from May 13, 2016, respectively.

Reasons

1. Facts of recognition;

A. On November 27, 2015, the Plaintiff is a juristic person established for the purpose of leasing construction equipment. The Defendants were established for the purpose of each construction business, etc., and the Defendant New Redline Construction Co., Ltd. (hereinafter “Defendant New Redline Construction”) subcontracted the construction cost of the construction work in the Young Power Power Generation Complex to Defendant Changnam Co., Ltd. (hereinafter “Defendant Changnam”) for KRW 2,464,00,000 (including value added tax) for the construction work in the Young Power Power Generation Complex, and entered into a subcontract to increase the construction cost of KRW 2,827,00,000 on May 30, 2016.

B. (1) On December 8, 2015, the Plaintiff entered into a construction machinery lease agreement between the Plaintiff and Defendant Changnam National Housing (hereinafter “instant equipment”) and the Plaintiff at the construction site as follows from the date of December 12, 2015 or from the date of entry to January 2, 2016 or from the date of the completion of the site to January 2016:

2) The term “instant lease agreement” (hereinafter referred to as “instant lease agreement”) provides for the lease of construction machinery.

(2) According to the general terms of the instant lease agreement, the owner (the location of the site) ordered the construction (DH808-170M) monthly rent (the location of the site) for the construction of the equipment, 1 franchis and flachis (DH808-170M) A 80,000 (VT separate) Young wind Power Power Generation Construction Co., Ltd. (P135) 2 franchis and flachis (D135), Defendant New Red Line Construction Co., Ltd. (P135) 65,000,000 (VAT separate), and the equipment of this case was leased to Defendant Changnam-do. (2) According to the general terms of the instant lease agreement, the operating hours of the equipment of this case is based on eight hours a day and two hundred hours a month (Article 3(1)), and if the equipment of this case falls short of the standard hours due to the Plaintiff’s fault, it shall be deducted from the rental fees, and Defendant 2(3).

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