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(영문) 인천지방법원 2013.08.21 2012가합12883
임대차보증금반환등
Text

1. Defendant B shall enter the real estate listed in paragraph 1 of the attached Table to Defendant C, and the real estate listed in paragraph 2 of the attached Table to Defendant D.

Reasons

1. Basic facts

A. Under each lease agreement between the Defendants, Defendant B used the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant officetel”) from Defendant C as KRW 20,000,000 per annum and KRW 70,000 per annum (hereinafter “instant lease agreement”), Defendant B renewed the lease term on January 30, 201 until January 30, 2012.

on December 10, 2010, Defendant B leased (hereinafter “instant lease agreement”) the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) from Defendant D, by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,200,000, and the lease term of KRW 10,000 from December 10, 201 to December 10, 201.

B. The Plaintiff and Defendant B’s transaction relation and the transfer of the right to deposit for lease are those who engaged in the business of purchasing remote areas from domestic companies and exporting them to China. Since there is no business registration in Korea, Defendant B purchased remote areas in the Republic of Korea from Defendant B, using the name of the legal entity operated in the Republic of Korea, and when the Plaintiff pays out remote areas to Defendant B, Defendant B paid it to the direct distributor in the name of the legal entity. In return, Defendant B agreed to transport the remote areas purchased by the Plaintiff to China and receive transportation fees from the Plaintiff.

B. From January 1, 2010 to December 31 of the same year, the Plaintiff purchased a remote area equivalent to KRW 1,317,658,329 in the name of a corporation operated by Defendant B, and exported it to China.

Secondly, according to the purchase of a remote area in the name of a corporation operated by Defendant B, Defendant B would be entitled to the value-added tax corresponding to the input tax amount due to the purchase of a remote area. Since the end of September 2010, the Plaintiff would be entitled to the value-added tax from the end of September 2010 to the Plaintiff.

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