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1. The Defendant’s KRW 156,567,027 as well as the Plaintiff’s KRW 6% per annum from March 1, 2016 to May 31, 2019, and June 1, 2019.
Reasons
1. Basic facts
A. On December 23, 2014, the Defendant: (a) contracted the E Corporation (hereinafter “instant Corporation”) from the Foundation for the Commercialization of Agricultural Technology to contract the contract amount of KRW 24,960,525,740; and (b) subcontracted the instant construction works of reinforced concrete and soil to the F Company on April 1, 2015 (hereinafter “F”); and (c) subcontracted each of the instant construction works to the F Company for KRW 2,072,290,000, and KRW 595,100,000.
B. On May 18, 2015, the Plaintiff concluded a lease agreement with F and the instant construction site stating that the temporary materials of construction materials, etc. to be used by F shall be leased, the rent in proportion to F during the period of use shall be paid on the 10th day of the following month after the date of issuance of the tax invoice and shall be paid in the event of destruction, such as failure to refund the temporary materials, etc. (hereinafter “instant lease agreement”).
C. On January 30, 2016, F: (a) requested the Defendant to terminate a subcontract that it is impossible to perform a subcontracted project due to the aggravation of business management; and (b) the Defendant entered into a settlement agreement between F and F on April 1, 2015 to February 20, 2016, on the settlement amount of KRW 2,222,737,000 for the construction project performed by F from April 1, 2015 to February 20, 2016.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 19, Eul evidence 20, the purport of the whole pleadings
2. Since the Defendant’s on-site agent G, on behalf of the Defendant, is jointly and severally liable to pay F’s temporary site rents and charges for destruction under the instant lease agreement on behalf of the Defendant, the Defendant is liable to pay the Plaintiff the rental fees and charges for destruction (i.e., KRW 578,378,980, the rental fees of KRW 468,378,980 accrued from May 18, 2015 to April 30, 2016 and the rental fees of KRW 32,189,950 accrued from May 18, 2015 to June 20, 2016 from May 18, 2015 to June 20, 2016 to the Plaintiff.
3. Whether the defendant's obligation to pay rent and the destroyed fee is established or not.