가설재임대료
1. The Defendants jointly and severally liable to the Plaintiff KRW 99,916,039 and Defendant B with respect thereto from August 21, 2014, and Defendant C with respect thereto.
Basic Facts
The following facts may be acknowledged if there is no dispute between the parties, or if the contents of Gap evidence 1 through Gap evidence 4, and Gap evidence 6 and 7 contain the purport of the whole pleadings:
The plaintiff runs a wholesale and retail business with the trade name of "D".
On August 30, 2013, the Plaintiff entered into a provisional construction agreement (hereinafter referred to as “instant lease agreement”) with the Mountainous Complex Construction Co., Ltd. on August 30, 2013, on which construction costs required at the construction site of the new construction site of the Mountainous Complex in the Mountainous Complex may be leased to the Mountainous Complex Construction, and at the end of the month following the month when the construction site of Mountainous Complex is leased, the Plaintiff would be paid rent from Mountainous Complex Construction.
At the time of the conclusion of the instant lease agreement, the Defendants jointly guaranteed the obligation to pay the rent for the Mountainous Complex Construction.
After that, the Plaintiff leased the snow construction material to a floating aggregate construction pursuant to the instant lease agreement, and the floating aggregate construction was paid KRW 36,00,000 ( KRW 11,00,000,000) out of the rent of KRW 135,916,039 incurred from September 2, 2013 to December 2, 2013, and did not pay the remainder of KRW 99,916,039.
Accordingly, the Plaintiff filed a lawsuit against the construction of the Madun General Complex under the Daejeon District Court's 2014Kadan2385 at the Daejeon District Court's 2014Gadan2385, and was sentenced by the above court to the effect that "Madun Construction shall pay the Plaintiff the unpaid rent of KRW 99,916,039 and its delay damages."
Judgment
Comprehensively taking account of the facts acknowledged as above, the Defendants, as joint and several sureties of the instant lease agreement, are liable to pay the Plaintiff the unpaid rent of KRW 99,916,039 and the delay damages.
As to the determination of the Defendants’ assertion, Defendant B paid to the Plaintiff KRW 25,000,00 on October 11, 2013, and KRW 25,000 on November 2013, 2013, and the construction of the Medle comprehensive construction on January 2014 is waived.