물품대금
1. Revocation of the first instance judgment.
2. The Defendants jointly share KRW 9,285,100 with the Plaintiff and Defendant B with regard thereto.
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence, evidence Nos. 1, 2, 3, 7, and 8, each of the descriptions or images of evidence No. 1, witness D's testimony, and purport of whole pleadings);
A. On November 10, 2014, the Defendants entered into a contract with D to construct a two-story building of reinforced concrete structure (hereinafter “instant building”) on the land outside the E and one parcel of land (hereinafter “instant building”) on the land (hereinafter “instant construction”).
Accordingly, D's commencement of the above construction work and construction work until January 26, 2015, and the above construction contract was terminated, and D's progress rate was about 60%.
B. The Plaintiff is a business entity that sells and leases construction materials, such as dryp and pipes, with the Plaintiff’s trade name. D performed the instant construction work by leasing construction materials from the Plaintiff, and as such, when the instant construction contract is terminated, the Plaintiff’s construction materials were attached to the instant building and left the instant construction site.
C. After the contract for construction with D was terminated, the Defendants directly performed the instant construction work, and completed the instant construction work on or around June 2017 by using pipes, sprinks, etc. offered by the Plaintiff, and the Defendants’ rent from September 1, 2016 to December 31, 2016 during the period of using the Plaintiff’s construction materials is KRW 9,285,100 (hereinafter “instant rent”).
2. According to the above facts of recognition, the Defendants occupied and used the materials owned by the Plaintiff without any legal cause. Accordingly, the Defendants suffered losses and accrued profits equivalent to the same amount. As so, the Defendants are jointly obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 6, 2017 (Defendant B) and July 7, 2017 (Defendant C) to the day of full payment, as claimed by the Plaintiff.
With respect to this, the Defendants are against this.