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1. Defendant Viendi Construction Co., Ltd. shall pay to the Plaintiff KRW 149,623,109 and its full payment from April 28, 2018.
Reasons
1. Basic facts
A. On August 10, 2015, Defendant Non-NN Construction Co., Ltd. (hereinafter “Defendant Non-NND Construction”) entered into a contract with Defendant Samyang Construction Industry Co., Ltd. (hereinafter “Defendant Samyang Construction Industry”), under which C University’s 5 Lifeline Extension Works (hereinafter “instant construction”) will receive a subcontract for the construction period of KRW 3,080,000,000, and for the construction period from August 10, 2015 to September 30, 2017 (hereinafter “instant subcontract”).
B. On July 30, 2015, D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a lease agreement with Defendant B on the lease agreement with Defendant B (hereinafter “instant lease agreement”) stipulating that the temporary materials necessary for the instant construction (hereinafter “the instant temporary materials”) are leased for KRW 50,00 per square meter rent of KRW 50,000,000 in total rent of KRW 210,000,000,000 in total rent of KRW 210,000,000, monthly flag (payment according to the terms of payment of the office building), and the term of lease from August 1, 2015 to May 30, 2016.
The contents of Articles 2 through 11 of the above lease contract are as shown in the attached Form.
C. Defendant Viendi Construction Co., Ltd. guaranteed that the non-party company is jointly and severally liable for the Defendant B’s obligation, a lessee under the instant lease agreement.
According to the instant lease agreement, the non-party company was established by leasing the temporary materials of this case at the construction site of this case, and was paid KRW 210 million by Defendant B as the rent under the instant lease agreement.
E. On June 1, 2016, the non-party company prepared a “written confirmation of transfer of ownership of household materials” (Evidence A2) with the purport that the non-party company will transfer all of the temporary materials of this case released from Defendant Viendi Construction to the Plaintiff by non-party company.
At the time of the preparation of the above certificate, the non-party company shall return the temporary materials of this case.