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(영문) 수원지방법원평택지원 2020.01.14 2019가단51763
가설자재임대료 등
Text

1. The Defendant’s KRW 25,517,470 as well as its annual 6% from March 23, 2019 to January 14, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the wholesale, retail, and rental business of construction materials in the trade name of “C”, and the Defendant is a company that performs construction works.

B. On January 4, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease the temporary materials, etc. owned by the Plaintiff to KRW 70,000,00 (i.e., KRW 1,000, KRW 70,000 per square, KRW 70,000 per square, and KRW 20,00 per square, respectively) (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) as follows. The rent unit price, loss loss, etc. of the temporary materials are as specified in the attached Table “list of Rental Articles and the unit price table.”

D

C. Pursuant to the instant rental contract, the Plaintiff: (a) KRW 22,00,000,000 from the Defendant on January 5, 2018, under the name of the rent; and

5.9.22,00,000 won;

7,00,000 won (including surtax) for 25.16,50,000 won and 16,50,000 won for 16,50,000 on 10.31.1.

The Plaintiff issued a tax invoice of KRW 1,980,00 as of February 28, 2018, and KRW 5,500,000 on June 11, 2018, as separate material rent, and received KRW 1,980,00 from the Defendant on March 15, 2018, and paid KRW 5,50,000 on June 14, 2018.

On January 31, 2019, the Plaintiff sent content-certified mail to the Defendant and sought payment of KRW 30,000,000,000, such as damages and losses, by ascertaining the quantity of the temporary materials that were taken out under the instant rental contract, and issued a tax invoice of KRW 33,676,060 as of February 15, 2019.

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 1 to 3, 8, 17, 19, 20 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

가. 손망실료 (25,517,470원) : 인용 최종 청구내역은 별지 갑 제24호증(≒갑8 일부정정) 중 ‘2018년 자재ㆍ손료내역서 기재와 같다.

According to the above evidence and the whole purport of Gap evidence and Gap evidence Nos. 5, 6, 11, 18, and 21 (each acceptance certificate and acceptance column, and there is no signature on the delivery note, etc. on some date that the defendant denies the receipt, and the delivery note) under the whole purport of the pleadings, the plaintiff shall enter into the lease contract of this case from January 4, 2018 to September 9, 201.

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