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(영문) 수원지방법원 2020.02.06 2019나54283
가설재임대료
Text

1. At the request of the plaintiff that changed in exchange at the trial, the plaintiff's rehabilitation debtor B corporation is subject to the change.

Reasons

1. The basic facts of the claim (1) The defendant company is a company that operates civil engineering work and construction work business, etc., and the plaintiff is a person who operates a temporary re-lease business necessary for the Corporation under the trade name of "D" (individual business entity).

(2) Around April 2017, the Defendant Company was awarded a contract for a new construction of “G” from “Eg” to “G” in Gwangju City (hereinafter “instant construction”) (hereinafter “instant construction”).

The construction period of the instant construction was originally scheduled from April 1, 2017 to December 24, 2017, but it was delayed and completed around April 2018, and was inspected on December 18, 2018.

(3) On May 2018, the Plaintiff agreed to lease the temporary materials for the instant construction to the Defendant Company, and leased the temporary materials from May 16, 2017 to April 2018.

(july part of the material made up of wood has been sold to the Defendant Company. The Plaintiff and the Defendant Company did not prepare a separate contract in relation to the temporary material rent or sales price.

【At that time, the Plaintiff and the Defendant Company set the basic rent for 30 days from the time when the temporary materials supplied by the Plaintiff were put into storage in the Defendant Company as the basic rent.

(2) As regards the purchase price of materials purchased at any time by the Defendant Company and the Defendant Company’s needs, the additional rent for temporary materials used by the Defendant Company for more than 30 days (hereinafter referred to as “additional temporary materials price”).

(3) The Plaintiff issued an electronic tax invoice to the Defendant Company at the time of receipt of the temporary re-price (including value-added tax). From May 15, 2017 to December 19, 2017, the Plaintiff issued an electronic tax invoice worth KRW 35,426,100 in total (including value-added tax) in the Defendant Company’s future, and the same amount from the Defendant Company.

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