임대료 등
1. The Defendant shall pay to the Plaintiff KRW 26,176,00 and the interest rate of KRW 20% per annum from December 30, 2014 to the date of full payment.
1. Facts of recognition;
A. On February 4, 2014, the Plaintiff entered into a contract for leasing temporary materials at the site of a new construction project performed by the Defendant and a construction project site of Seongbuk-gu Seoul Special Metropolitan City.
B. The Plaintiff’s total amount of rent for materials leased to the Defendant from February 2, 2014 to September 2014 is KRW 214,749,480, and the Defendant paid KRW 208,173,440 (including KRW 2,00,000 paid on December 18, 2014) among them.
C. The Defendant did not return the container board 1,448 among the materials leased from the Plaintiff. The Defendant agreed to KRW 24,600,000 on the part of the Defendant’s on-site agent, and the Plaintiff agreed to the amount of KRW 24,60,000 for the unused materials. The Defendant paid KRW 5,00,000 among them.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 26,176,040 won [214,749,480 won (i.e., 214,749,480 won - 208,173,440 won)] and delay damages (i.e., 24,600,000 won - 5,000 won). The defendant is obligated to pay to the plaintiff 26,176,000 won and its delay damages at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 30, 2014 to the day of complete payment.
3. The Defendant asserts that C as a subcontractor, the amount of loss agreed upon by C with the Plaintiff at KRW 24,600,000 is merely a claim and a debt relationship between C and the Plaintiff.
However, the fact that the Defendant paid part of the rent and the amount of loss directly to the Plaintiff is as seen above, so the Plaintiff appears to have leased the temporary materials directly to the Defendant, and contrary thereto, the witness C’s testimony is difficult to believe, and thus, the Defendant’s assertion is rejected.
4. Conclusion, the plaintiff's claim of this case is justified.