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1. The Defendants jointly and severally agreed to the Plaintiff KRW 53,477,546, and Defendant B Co., Ltd. from January 5, 2017.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “C”) is the owner of the instant construction project on the ground of Hongsung-gun, Hongsung-gun, and 19 parcels of land (hereinafter “instant construction”). Defendant B Co., Ltd. (hereinafter “B”) is the contractor.
B. Defendant B subcontracted the instant construction of steel reinforced concrete to Defendant D, who borrowed the name of F Co., Ltd. on July 2015.
C. Defendant D requested the Plaintiff, who carries on the business of leasing temporary materials with the trade name “G” for subcontracted construction, to lease the oil pumps and pipes, which are temporary materials.
Around that time, from August 15, 2015 to September 30, 2015, the Plaintiff entered into a lease agreement (No. 4-1) that leases temporary materials at the construction site of this case. Defendant B, Defendant C and D as joint and several sureties are written by the lessee.
(hereinafter referred to as the “instant lease agreement”). Defendant C and D recognize that they have affixed their seals on the instant lease agreement.
E. From August 15, 2015 to January 26, 2016, the Plaintiff leased oil pumps, pipes, poppy, classics, and nitrates to the construction site of the instant construction site. Of the total rent of KRW 71,265,546, the Plaintiff was paid KRW 10 million on August 28, 2015.
In addition, on September 24, 2015, Defendant C transferred KRW 10 million to the Plaintiff with the intention to pay the construction cost of KRW 10 million to Defendant D.
F. On January 7, 2016, Defendant C prepared a note of payment that KRW 46 million shall be paid to the Plaintiff by February 5, 2016, to the Plaintiff, out of the progress payment to be paid to Defendant D.
G. After the completion of the construction at the instant construction site, the Plaintiff was returned only to the marries and sets entered at the lower end of the same transaction statement among the temporary materials leased at the instant construction site (the all the temporary materials in the item column and quantity column stated in the attached sheet).
【No dispute over the grounds for recognition】No dispute over the facts, Gap’s evidence of 1 to 3, Gap’s evidence of 4-1, 2.