beta
Text
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 150,881,660 and as a result, from November 1, 2013 to December 17, 2015.
Reasons
1. Basic facts
A. Defendant G&C Co., Ltd (former trade name before the change: hereinafter “Defendant Dow”), on March 2, 2012, supplied two sections of the structural part of the new construction project (hereinafter “instant construction project”) to KRW 6.830 million (hereinafter “instant construction project”), among the new construction projects, from Defendant Doz & & Construction Co., Ltd. (hereinafter “Defendant Doz”).
B. Around May 2012, Defendant Dow entered into a contract with the Plaintiff to lease the temporary materials necessary for the instant construction (such as Aluminum pumps and systems, etc.). Defendant Dow had jointly and severally guaranteed the said contractual obligations against the Plaintiff by Defendant Dow.
The main contents of the contract are as follows:
1) Lease lease term of Aluminium pumps: Lease price of each 7-month lease period: 4,700 won/land size (excluding value-added tax, and thereafter the value-added tax was increased by KRW 53 million on November 26, 2012, which was reduced by KRW 4,600 on January 29, 2013.
(2) The Plaintiff is obliged to pay the Plaintiff the amount equivalent to 10% of the supply price (sale price) for the waste in a state that is impossible to be repaired due to the use and management error of Defendant Do Co., Ltd. (Article 18(2) of the General Conditions of the Contracts). The lease price for a lump-sum lease contract by using the system (Article 18(2) of the General Conditions of the Contracts): 70-day lease rate: 1,700,000,000,000 won or more, and thus, is additionally calculated by applying the daily lease price table to the Plaintiff if the ownership of the Plaintiff cannot be recovered within 30 days after the use of the temporary waste is lost or stolen (Article 13 of the Special Conditions of the Contracts).
(Article 6(1). The Plaintiff’s ownership can not be recovered or returned within five days after the completion of use due to the loss of, theft of, or theft of, the possession of temporary materials by the Defendant Do governor.