가설재대금
1. The Defendant shall pay to the Plaintiff KRW 51,431,513 and the interest rate of KRW 15% per annum from July 5, 2018 to the day of complete payment.
1. The facts stated in the separate sheet of the judgment on the cause of the claim do not conflict between the parties, or recognized by the purport of Gap evidence Nos. 1 to 5 and all pleadings.
Therefore, the defendant is obligated to pay to the plaintiff the sum of the rent for the temporary materials unpaid to the plaintiff KRW 51,431,513 and damages for delay.
2. The defendant's assertion 1) The main point of the argument is that a person who concludes a temporary re-lease contract with the plaintiff and rents the temporary materials from the plaintiff is C, so it is improper for the plaintiff to seek the payment of the rent for the temporary materials to the defendant. 2) According to the evidence Nos. 1, 2, and 4, the plaintiff's lease of the temporary materials is obvious that the other party who leases the temporary materials is the defendant. Thus, the above argument
Even if the other party who leased the temporary materials as alleged by the Defendant is C and the Defendant merely guaranteed the obligation of the temporary materials rent C, the Defendant cannot be exempted from the liability as the guarantor. Therefore, it is not changed that the Defendant is in the position of the Plaintiff to perform the obligation to pay the amount equivalent to the above temporary materials rent.
3. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition by the assent of all participating Justices.