대여금
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 147,610,504 and as a result, from January 21, 2015 to September 30, 2015.
1. The Plaintiff’s determination as to the cause of the claim is a corporation that engages in the wholesale, retail, and rental business of construction materials; the Plaintiff leased construction provisional materials equivalent to KRW 11,715,587 at the construction site of a new complex of Ilcheon-si, Seoul Special Metropolitan City, which was performed by the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from February 14, 2013 to September 1, 2014; and the Plaintiff agreed to pay the Plaintiff rent of KRW 111,715,587 at the construction site of a new complex of Ilcheon-si Special Metropolitan City; and the Plaintiff did not dispute between the parties concerned or jointly agreed to pay the Plaintiff the rent of KRW 35,894,917 at the site of “E” located in Chungcheongnam-gun Special Metropolitan City, Chungcheongnam-gun Special Metropolitan City, which was constructed by the Defendant Co., Ltd. from November 28, 2013 to April 30, 2014.
According to the facts found above, the Defendants are jointly and severally liable to pay to the Plaintiff the above rent of KRW 147,610,504 (=111,715,587 won) and damages for delay calculated at the rate of 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from January 21, 2015 to September 30, 2015, which is the day following the day when the original copy of the instant payment order was served on the Defendants.
Therefore, the plaintiff's assertion is justified within the above scope of recognition.
As to this, the Defendants asserted that the above rent cannot be paid because the management of the company becomes worse due to the wind that has not been paid half of the construction cost by Echeon Construction Co., Ltd. which is the place of order at the above construction site, but this is a problem between the Defendants and Echeon Construction Co., Ltd.