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(영문) 대전지방법원홍성지원 2016.08.11 2015가합1496
사용료
Text

1. The Defendant’s KRW 146,908,080 as well as the Plaintiff’s KRW 20% per annum from August 19, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Pakistan Construction Co., Ltd. (hereinafter “Paos Construction”) ordered the Defendant to undertake earth construction among Section B apartment construction works, Section A65 block construction works ordered by EAP to the Defendant.

B. On April 21, 2014, the Defendant subcontracted the construction of household facilities (hereinafter “instant construction”) among the said soil construction to C’s representative D (hereinafter “C”) at the cost of KRW 35 million.5 million.

C. C concluded a lease contract with the Plaintiff (hereinafter “instant lease contract”) on the crypt file (for the purpose of cutting down soil, etc. in the civil construction work) and leased a set file from the Plaintiff to perform the instant construction.

At the time of the conclusion of the instant lease agreement, C signed D’s signature and sealed the “C representative” on the “written confirmation of the payment of the rent for the file (j) and the goods (A. 2; hereinafter “instant payment confirmation”) as follows, and delivered the Defendant’s on-site E with the name of the Defendant and the official seal of the Defendant’s on-site director.

The defendant confirms that the following matters are jointly and severally performed with respect to the case of the set-up lease (j) contract concluded between the plaintiff (hereinafter referred to as "A") and "B" (hereinafter referred to as "B"):

Details of a contract shall be the file for each item of contract, the contract date April 18, 2014, the contract period from April 21, 2014 to September 20, 2014, and the quantity 274.500 TON (the quantity and the period may change depending on the field circumstances)

1. Eul shall pay the full amount of the rent and the cost of transport after the shipment of the goods to Gap, and if Eul does not pay the additional rent (the rent) fee generated as a result of the use of the prote file beyond the contract period, the defendant shall directly pay the amount to Eul. 2. If the settlement amount occurs after the completion of the return of the prote file, the defendant will not pay the amount to Eul. 3. Performance of the special agreement on the return of the prote file.

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