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(영문) 부산지방법원 2016.02.02 2015가단67976
장비사용료
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2012, the Defendant and the Jung Landex Co., Ltd. (hereinafter “Cheong Landex”) concluded a subcontract for construction works to subcontract tunnels, etc. (hereinafter “instant construction works”) among the construction works supplied by the Defendant from the Korea Rail Network Authority, which were contracted by the Defendant to the Jung Landex (hereinafter “instant construction works”).

B. The Plaintiff received a request from the Jung-Tex to lease construction equipment for the instant construction project, and around January 2014, performed the instant construction project by using construction equipment at the construction site of the instant construction project, thereby having the Jung-Tex implement the instant construction project by using it.

C. However, from March 2014, the Jung Land-Tex delayed the payment of equipment usage fees and construction cost to the transaction companies, including the Plaintiff, such as lessors and subcontractors, including the Plaintiff, thereby refusing the said transaction to proceed with the construction work and making the said transaction agricultural nature at the site of the instant construction work.

1. This Agreement is concluded with a view to preventing disputes and resolving legal issues arising from the transaction prices that the Plaintiff did not receive, which traded in the YTT, “abund and Mo-dong tunnel construction” of the “BLAD construction” (hereinafter “the instant construction”) performed by the Defendant.

2. With respect to “this case’s construction,” the Defendant does not file all civil complaints with the Defendant, including all civil and criminal lawsuits and objections, in relation to the instant case, on the condition that the Party shall pay the Plaintiff KRW 21,315,00,000, which is 50% of the price to be paid by the Party M&T to the Plaintiff.

In order to continue the instant construction, the Defendant, on June 24, 2014, entered into an agreement with the Plaintiff on the following terms: (a) between the Plaintiff and the Plaintiff: (b) the Defendant acquired claims, such as the equipment use fee, etc., owned by the Plaintiff against Jung Landex; and (c) to pay the Plaintiff the amount equivalent to the acquisition amount (hereinafter “instant agreement”); and (d)

E. The Defendant shall file an objection on July 29, 2014.

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