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(영문) 광주지방법원 순천지원 2018.12.19 2018가단6598

가설자재사용료

Text

1. The Defendant’s KRW 3,341,860 and the Plaintiff’s annual rate of KRW 5% from August 23, 2018 to December 19, 2018.

Reasons

1. Facts of recognition;

A. On September 1, 2017, the Plaintiff leased construction materials necessary for the construction of a multi-family house B located in the relevant Si B to the Defendant by setting the lease period of three months, rent of 8,085,00 won (per square year 55,000 won, value-added tax separately).

(hereinafter referred to as "first lease contract"). (b)

On September 21, 2017, the Plaintiff leased the construction materials necessary for the Daung Corporation to the Defendant by setting the lease period of three months, rent of 6,435,00 won (excluding value-added tax, KRW 55,00 per square); and

(hereinafter referred to as "second lease contract"). (c)

Around January 24, 2018, the Plaintiff leased construction materials necessary for the Dagnung-Nam-Jung Construction to E Co., Ltd. (hereinafter “third lease contract”) by setting a lease period of 2 months, rent of 8,965,000 won (excluding KRW 55,00 per square day, value-added tax) (hereinafter “third lease contract”), and the Defendant guaranteed the obligation to pay rent of the said company.

On March 2, 2018, the Plaintiff leased to the Defendant building materials necessary for the FF Corporation in the form of a lease period of two months, rent of 6,930,000 won (excluding value-added tax, KRW 55,00 per square), which was set at two months, rent of 6,930,000.

(hereinafter referred to as "fourth-lease Agreement"). (e)

At the time of the above lease agreement, the plaintiff and the defendant agreed to pay the rent in addition to the rental fee if the rental period for construction materials exceeds the agreed period.

(f) 4,208,450 won (excluding value-added tax) and 2,581,50 won (excluding value-added tax) as additional rents for the second lease contract;

G. On April 6, 2018, the Plaintiff received KRW 2 million out of the rent under the second lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 9 evidence, purport of the whole pleadings

2. Determination

A. According to the above fact-finding on the cause of claim, barring any special circumstance, the Defendant entered into a second lease contract with the Plaintiff for construction materials rent of KRW 13,101,950 (a fixed rental fee of KRW 8,085,00 + additional rental fee of KRW 4,208,450 + value-added tax of KRW 808,50) and value-added tax claimed by the Plaintiff.