임대료 청구의 소
1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 191,775,841 and the interest rate thereon from February 18, 2017 to the date of full payment.
1. Basic facts
A. On November 9, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) was awarded a contract for the F new construction work located in Ansan-gu E (hereinafter “F new construction work”) from D Limited Liability Company in KRW 2,618,00,000 for the construction cost.
B. On November 9, 2015, G Co., Ltd. (hereinafter “G”) was subcontracted with the instant construction of reinforced concrete (hereinafter “instant construction”) from Defendant B among the new construction works.
C. At around October 2015, G entered into a lease agreement on temporary materials, such as water pumps, necessary for the instant construction project, with the content that G leases from the Plaintiff from November 2, 2015 to May 31, 2016.
G ceased the instant construction work on June 2016, and Defendant B terminated the instant subcontract on the ground of the nonperformance by G on June 28, 2016, and on July 1, 2016, the Defendant C and C concluded a subcontract on the instant construction work with the amount of KRW 1,903,000,000 for construction cost.
(B) On December 26, 2016, the contract was concluded to change the construction cost to KRW 2,197,800,000.
B B B, prior to the termination of the contract with G, on June 3, 2016, the following verbal agreements were made between the Plaintiff and Defendant C regarding the supply of temporary materials, etc.
1) From June 1, 2016 to June 30, 2016, the Plaintiff is not at issue with respect to the rent until May 31, 2016. (2) The rent from June 1, 2016 to June 30, 2016 shall be paid by Defendant B.
3) The Plaintiff’s authority to use temporary materials is Defendant C’s lessee. 4) From July 1, 2016, the amount of use and bringing in of materials from July 1, 2016 is Defendant C’s responsibility.
5) Defendant B and Defendant C shall accurately inform the current status of the supply of materials. 6) Defendant B and Defendant C shall confirm on-site that there was no record of the shipment of materials without their permission.
7 The plaintiff will not impose liability on the defendant B and the defendant C for the destroyed material that is agreed upon and that is not excessive later.
F. Defendant B received a written consent from G on June 17, 2016 and received a written consent from G to the direct and direct payment. < Amended by Presidential Decree No. 17090, Oct. 1