(영문) 수원지방법원 2018.10.11 2018가단507413

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(영문) 수원지방법원 2018.10.11 2018가단507413

자재임대료 등

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1. Defendant C shall pay to the Plaintiff KRW 152,064,50 and the interest rate of KRW 15% per annum from March 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a construction materials leasing business, and Defendant C is a person who works as the director of Defendant B Co., Ltd. (hereinafter “Defendant Company”) that is a company and takes charge of material management, etc.

B. (1) The Plaintiff entered into a material lease contract with D and the Defendant Company: (a) from March 19, 2015 to March 19, 2015, the Plaintiff began to lease each individual material by placing a separate order for each material whenever E wishes; (b) the Plaintiff issued a tax invoice for the monthly rent for each material; and (c) was paid for the normal cost from E; (d) the Plaintiff decided to succeed to the lease contract by a three-party agreement around June 2015; and (e) E closed on October 20, 2015.

3) Since then, the Plaintiff issued a tax invoice in the name of the Defendant Company with respect to all the materials, including those leased to E, for which the Defendant Company separately ordered, and received reimbursement from the Defendant Company. (c) The Defendant Company issued a tax invoice in the name of F; (c) the Defendant Company needed to separately lease and use the materials for personal business; and (d) around November 2015, the Plaintiff demanded the Plaintiff to issue a tax invoice in the name of the F Company in which the relevant rent is the representative director (hereinafter “F”).

2. By March 2016, the Plaintiff issued tax invoices in the name of F for some material rents designated by Defendant C, and for the remainder other than that, separately issued in the name of the Defendant Company.

With respect to all tax invoices issued in the name of the defendant company at the time of issuance, the payment was made after the lapse of two months after the issuance, and with respect to tax invoices issued in the name of F, the settlement is delayed, not in the name of the defendant company.

유사 판례

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