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(영문) 부산지방법원서부지원 2019.05.24 2018가단9713
사용료
Text

1. The Defendant shall pay KRW 33,737,00 to the Plaintiff at the rate of KRW 15% per annum from September 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. A. Around July 2017, the Plaintiff entered into a lease agreement with the Defendant and the Defendant on the Plaintiff’s use of the Plaintiff’s astronomical equipment on December 31, 2019 at the scene of the development of Chungcheongnam-gu D, Ulsan-gu, the Defendant developed, but the rent was KRW 8 million per month (the 10th working day of each month, the 12th working day of each month, and the 9 million won per month if the 12th working day of each month).

From August 1, 2017, the Plaintiff put in the Defendant’s stone development site and carried out work on the Defendant’s stone production site, and was unable to receive rent from time to time, and was working until August 3, 2018, and was removed from the said site.

B. From August 2017 to June 2018, the Plaintiff issued a sales tax invoice to the Defendant upon agreement with the Defendant’s employees E from August 2017 to June 2018.

The supply value and value-added tax of the tax invoice issued by the Plaintiff to the Defendant are as follows, which is the entry of the purchase sale statement (No. 4-1, 2) written by the Defendant inside the territory of the Defendant.

The issue date of tax invoices and the supply price of value-added tax of KRW 10,637,00 on August 31, 2017: KRW 8,80,00 on September 30, 2017; KRW 8,360,00 on October 31, 2017; KRW 7,480,000 on November 30, 2017; KRW 8,360,000 on December 31, 2017; KRW 360,00 on January 31, 2018; KRW 7,700,000 on KRW 7,70,000 on KRW 10,70,000 on KRW 8,00 on August 30, 2018; KRW 8,000 on KRW 8,00,000 on KRW 80,00 on August 30, 208; and

C. The Defendant paid the Plaintiff KRW 66 million out of the above rent.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6, Eul evidence 4-1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant calculated the remainder of KRW 33,737,00,00, excluding the amount of KRW 66,000,000 in total of equipment rent and value-added tax, and the amount of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 15, 2018 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

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