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(영문) 서울동부지방법원 2017.11.29 2017나22010
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 and evidence No. 4 as to the cause of the claim, the plaintiff engaged in the temporary re-lease business shall supply the temporary materials at the defendant's construction site, and on September 25, 2015, the supply price of 5 million won (value-added tax; hereinafter the same shall apply), 5 million won of supply on October 30, 2015, and 9 million won of supply on December 21, 2015. On September 10, 2015, Eul, which was the head of the defendant's site, prepared a statement of settlement of the temporary rent of 19 million won to the plaintiff on September 10, 2015, which provides that the tax invoice issued by the plaintiff shall be paid at the rate of 19 million won to the defendant, and in light of such acknowledged facts, the defendant shall be deemed to have received 205% of the supply price of the materials of this case from the plaintiff to the 16.25% of the above.

2. The judgment on the Defendant’s assertion is that the Defendant: (a) leased temporary materials equivalent to KRW 10 million from the Plaintiff and paid all the price of KRW 11 million in total (including value-added tax) on September 25, 2015, and KRW 55 million on February 5, 2016; and (b) on February 5, 2016, the Plaintiff prepared and issued a written confirmation to the Plaintiff that the temporary materials of KRW 9 million alleged by the Plaintiff were supplied by other companies; (b) so, the Defendant cannot respond to the Plaintiff’s claim; (c) however, the submitted evidence alone is insufficient to acknowledge the above fact of recognition and it is insufficient to acknowledge it differently.

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