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1. The Defendant: 74,529,143 won to the Plaintiff (Counterclaim Defendant) and 5% per annum from June 11, 2014 to April 20, 2015.
Reasons
1. Determination as to the defendant's main claim
A. Claim indication: (a) around April 21, 2014, the Plaintiff entered into a temporary re-lease contract with the Defendant and leased temporary materials to C on the site, etc.; (b) KRW 84,529,143, the sum of KRW 51,279,143, and KRW 33,250,000, and KRW 10,000; and (c) the Defendant paid only KRW 10,000,00 to the Plaintiff; (d) the Defendant is liable to pay the Plaintiff the unpaid rent and KRW 74,529,143, and the delay damages therefrom (Provided, That the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., was amended on September 25, 2015 and came into force on October 1, 2015; and (e) the damages for delay exceeds the annual rate of KRW 15,50,000).
Article 208(3)3 of the Civil Procedure Act)
2. Determination on the claim against the Defendant (Counterclaim Plaintiff)
A. Basic facts 1) On April 21, 2014, the Plaintiff is a temporary re-lease agreement with the Defendant (hereinafter “instant contract”).
The Defendant (Counterclaim Plaintiff) concluded a joint and several guarantee for the Defendant’s debt owed to the Plaintiff under the foregoing contract (hereinafter “instant joint and several guarantee”).
(2) The Plaintiff leased temporary materials to C on the instant site, etc. according to the instant contract, and the Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff with the temporary materials rent, etc. according to the joint and several guarantee of this case around November 7, 2014.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-4, 8, Eul evidence 3, the purport of the whole pleadings
B. The Plaintiff’s assertion 1) The Defendant (Counterclaim Plaintiff) is obligated to jointly and severally pay the Plaintiff the unpaid rent and the amount of damages incurred therefrom, and the amount of damages incurred therefrom, depending on the joint and several guarantee of this case, to the Plaintiff. The Defendant (Counterclaim Plaintiff) is obligated to pay the Defendant rent and the amount of damages incurred therefrom, and the Defendant (the Defendant-Counterclaim Plaintiff is unable to pay the rent and