가설자재임대료
1. The Defendant’s KRW 250,248,202 as well as the Plaintiff’s annual rate from December 31, 2014 to January 13, 2016.
1. On November 25, 2013, the Plaintiff entered into a contract with the Defendant for the lease of temporary materials necessary for the construction of macro-si B apartment (hereinafter “instant construction”) with the following content:
(hereinafter referred to as the “instant lease agreement”): Amount of 4,400 square meters (including KRW 100,000 per square day, office tower): Amount of 440,00,000 won (excluding value-added tax): on the 20th day of each month, the filing of a claim for origin up to the 15th day of the following month, the fact that there is no dispute, and the ground for recognition of payment, the entry of Gap evidence 3, and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff supplied the Defendant with the temporary materials in excess of 4,400 square meters, which are the horizontal value of the building contract under the instant lease agreement, and received only KRW 152,351,798 from the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff the rental fee for the unpaid construction materials (=total rental fee of KRW 484,648,200 - total rental fee of KRW 484,00,000 - the rental fee of KRW 152,351,798) and the delay damages therefrom.
B. (1) In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 2 (including the number of branch numbers), the plaintiff supplied necessary provisional materials for the instant construction, such as oil pumps, pipes, and joint plates, to the defendant from November 28, 2013 to May 15, 2014. The value of supply (including value added tax) can be recognized as constituting a total of 402,60,000, and the fact that the defendant paid KRW 152,351,798 to the plaintiff under the pretext of the rent for the temporary materials is not a dispute between the parties, and the defendant is liable to pay the plaintiff the unpaid temporary materials rent of KRW 250,248,202 (=402,60,000 -152,351,798 won) and delay damages.
(2) However, the evidence presented by the Plaintiff alone supplied the Defendant with a quantity exceeding KRW 402,60,000,000 on the supply price stated in the electronic tax invoice.
more than 4,400 square meters, the horizontal number of building contracts.