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1. The Defendant shall pay to the Plaintiff KRW 90,807,00 and the interest rate of KRW 12% per annum from November 6, 2019 to the date of complete payment.
Reasons
1. Facts of recognition;
A. From March 6, 2018 to 150 days from March 6, 2018, F, who received sewage from D Co., Ltd. for the pellet construction of land B and two parcels (hereinafter “instant construction”), leased temporary materials, such as water pumps, pipes, etc., to be used at the construction site of the instant construction site from the Plaintiff under the Defendant’s joint and several guarantee, and set the rental period between the Plaintiff and the Plaintiff until the final return of the said temporary materials to the Plaintiff.
B. The said temporary materials were not returned to the Plaintiff by January 15, 2019, but used at the instant construction site. F and the Defendant did not pay KRW 90,807,000 to the Plaintiff for the temporary materials rent accrued from September 22, 2018 to January 15, 2019.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, 8, and 9, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is jointly and severally liable with F to pay the Plaintiff the amount of KRW 90,807,000 for the said temporary materials and the damages for delay calculated at the rate of 12% per annum from November 6, 2019 to the day of full payment, which is the following day after the delivery of the application for modification of the purport of the claim and the cause of the claim, from November 4, 2019 to the day of full payment.
B. The defendant asserts that D Co., Ltd has no obligation to pay, since it guaranteed the payment of the above rent and cancelled the subcontract with F while suspending the instant construction to F. The defendant asserts that D Co., Ltd. has no obligation.
On the other hand, the Defendant jointly and severally guaranteed the F’s obligation to pay the above temporary rent to the Plaintiff, and as long as the said temporary rent was not returned to the Plaintiff by January 15, 2019, the Defendant still has the obligation to pay the Plaintiff the temporary rent during the said rental period unless the rental period expires because it was not returned to the Plaintiff by January 15, 2019, the Defendant is bound to pay the said temporary rent to the Plaintiff
Therefore, the defendant's argument is without merit.
3. Conclusion, the plaintiff's claim of this case.