건설자재 임대료 등 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On March 9, 2013, the Defendant, who had carried on construction business under the trade name of “E”, contracted the construction of a new commercial house in the Changwon-si G shopping district in the Changwon-si. On April 8, 2013, subcontracted the construction of reinforced concrete part among the said newly built construction to C (Representative D).
B. On April 8, 2013, the Plaintiff is a person who operates construction materials leasing business under the name of “H,” and entered into a temporary re-lease agreement (hereinafter “instant lease agreement”) with the Defendant’s site director I, C’s representative director D, and June 30, 2013, between April 8, 2013 and June 30, 2013 (a lessee: the Defendant, C, and D) to lease construction materials, such as water pumps, at the Defendant’s construction site (hereinafter “the instant lease agreement”).
C. The Plaintiff leased construction materials pursuant to the instant lease agreement, but was not paid rent of KRW 8,887,590 from lessee, including the Defendant, etc., and the construction materials equivalent to KRW 4,88,00 among the leased construction materials were not returned due to their loss.
On June 29, 2013, the Plaintiff was confirmed to be the value of construction materials destroyed by the Defendant’s site director I as KRW 4,88,00.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant, a joint lessee, is jointly and severally liable with C and D to pay the Plaintiff, a lessor, a total of KRW 13,775,590 (= KRW 8,887,590, KRW 488,00) due to the unpaid rent and the loss of construction materials, as well as damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from November 27, 2013 to the date of the final delivery of the copy of the instant complaint.
3. Judgment on the defendant's assertion
A. Defendant’s assertion ① The Defendant is not a lessee of the instant lease agreement.
(2) The defendant shall pay C the subcontract price.