물품대금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. On August 24, 2011, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) leased the construction temporary materials to the said Defendant, and the Plaintiff concluded a temporary re-lease agreement with the said Defendant, claiming the rent for temporary materials, at the end of each month, to pay in cash from the end of the month to the 60th day from the end of the month (hereinafter “instant primary contract”). Defendant C guaranteed the Defendant B’s obligation under the instant primary contract.
The first contract of this case was accompanied by a estimate stating the basic fees and unit price of each temporary material, such as the oil pumps, water pumps, and e-ship pumps, to be leased to Defendant B.
B. On April 23, 2013, the Plaintiff concluded a temporary re-lease agreement with Defendant B on the same terms as the instant primary contract (hereinafter “instant secondary contract”). Defendant C jointly and severally guaranteed Defendant B’s obligations under the instant secondary contract.
However, the second written contract of this case was accompanied by a written estimate whose basic fees and unit price is adjusted upward than the written estimate attached to the first written contract of this case.
C. On November 24, 2015, the Plaintiff entered into a temporary re-lease agreement (hereinafter “instant third contract”) with Defendant B, which added some conditions to the terms and conditions of the instant 1 and 2 contracts, and Defendant C jointly and severally guaranteed Defendant B’s obligations under the instant third contract.
The third contract of this case is accompanied by a written estimate attached to the second contract of this case, the type of some temporary materials is added to a written estimate attached to the second contract of this case, and the basic fee and unit price adjustment of some temporary materials are added.
Defendant B leased and used construction costs equivalent to KRW 1,349,797,170 from the Plaintiff in each construction site performed by the said Defendant (hereinafter “the instant temporary site”) (hereinafter “the instant site”) as follows.