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1. The Defendant’s KRW 54,242,340 as well as the Plaintiff’s annual rate from April 2, 2014 to September 13, 2017, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff’s business Plaintiff is running a mid-term rental business with the trade name called C, and is also running wholesale and retail business related to construction machinery equipment under the name of E, an employee D.
B. On April 2012, the Plaintiff, as the husband of the Defendant’s intra-company director F, requested the Defendant to rent equipment and supply materials from G operating the Defendant, and around that time, from around October 2013 to around October 2013, the Plaintiff leased equipment, such as a tent, to the Defendant’s site, and supplied materials necessary for the operation of the equipment.
C. The total amount of the cost of equipment such as 141,240,000 won (128,40,000 value-added tax of KRW 12,840,00) that the Plaintiff lent to the Defendant’s site during the said period is KRW 141,240,000.
Inasmuch as the Defendant voluntarily acknowledges that it is more than 141,680,000 won (128,800,000 value-added tax of KRW 12,880,00), it shall be calculated within that scope as the Plaintiff asserts.
Of the above payments, the Defendant paid to the Plaintiff KRW 9.8 million on September 28, 2012, KRW 13.2 million on January 3, 2013, KRW 13.2 million on February 8, 2013, KRW 13.2 million on August 20, 2013, and KRW 1.36.2 million on August 20, 2013.
If the deduction is made, the equipment cost will remain 5,40,000 won.
The price of materials supplied by the plaintiff to the defendant's site during the above period is KRW 77,882,340 and value-added tax for it is KRW 85,670,574, including the total amount of KRW 788,234.
Of them, H received KRW 33,264,00,00 in total, KRW 19,00 on June 14, 2013 and KRW 19,008,00 on July 12, 2013, and recognized by the Plaintiff itself.
Therefore, the price of materials will remain 52,406,574 won.
[Ground of recognition] A without dispute, Gap evidence 1-1, 2, 3-1 through 4, Gap evidence 5, Gap evidence 7-1 through 6, Gap evidence 24-1, 2, Eul evidence 1-2, Eul evidence 2-1 through 8, Eul evidence 2-2, Eul evidence 3, Eul evidence 4-1 through 4, Eul evidence 5-1 through 5-4, Eul evidence 5-1 to 5-4, witness I's testimony, and the whole purport of the pleadings.