1. The Defendant shall pay to the Plaintiff KRW 66,340,207 and the interest rate of KRW 15% per annum from January 24, 2018 to the day of complete payment.

Facts of recognition

The plaintiff is a company that engages in the business of leasing snow.

On July 29, 2015, the Plaintiff and the Defendant entered into a contract for the temporary re-lease for construction, and the Plaintiff supplied the building materials to each construction site of the Defendant under the said contract.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 9, the purport of the whole pleadings.

The plaintiff's assertion of the parties is that the defendant shall pay the rent of KRW 66,340,207, since he leased and used the building cost building materials from the plaintiff.

Recognizing the fact that the Plaintiff leased the snow materials from the Defendant, however, since the construction was delayed due to external factors such as weather, the Plaintiff’s claim for rent unilaterally is made without agreement with the Defendant, and thus, the Plaintiff’s claim is unreasonable.

Judgment

According to the aforementioned evidence and the purport of the entire pleadings, the Defendant: (a) leased and used each Plaintiff’s construction provisional construction materials at the construction site in Yongsan-gu from August 2015 to December 2015; (b) from January 2016 to June 2017; and (c) from January 1, 2017 to July 2017; and (b) the Plaintiff, while leasing the construction provisional construction materials, prepared a tax invoice and a transaction statement to the Defendant; and (c) based on the amount stated in the said tax invoice and the transaction statement, did not pay KRW 66,340,207 out of the rent accrued until July 2017.

In addition, there is no evidence to verify that the construction period has been extended due to external factors, such as weather, etc. as the defendant's assertion, even if the construction period has been extended, considering the fact that the defendant continues to use the plaintiff's temporary materials during the extended construction period, and that the lease contract for temporary materials (Evidence A 2) prepared by the plaintiff and the defendant does not include the content that the unit price should be adjusted at the time of extension of the construction period.