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1. The Defendant’s KRW 132,471,632 as well as 6% per annum from June 9, 2016 to December 22, 2016 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. Fact 1) On December 12, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease temporary materials to the Defendant in relation to the construction of a new building on the ground of the land, such as Jeonbuk-gun, etc. (hereinafter “instant lease agreement”).
(2) Under the instant lease agreement, the Plaintiff leased temporary materials to the Defendant from January 2014 to December 2015, and the rent that was not paid by the Defendant is KRW 132,471,632.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 132,471,632 and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 9, 2016 to December 22, 2016, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff after the payment date, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
2. Judgment on the defendant's assertion
A. As to the assertion that the rent was settled at KRW 100 million, the Defendant alleged that the total amount of the rent for construction costs spent on the leased and used by the Plaintiff was the amount exceeding KRW 100 million, but the Defendant agreed to pay KRW 100 million to the Plaintiff by adjusting the final rent price. However, there is no evidence to prove that the Plaintiff and the Defendant agreed to settle the rent at KRW 100 million, and the above assertion by the Defendant
B. As to the assertion that the Defendant had been granted a grace period after payment in kind, the Defendant alleged that the Defendant had been granted a grace period for the payment in kind. The Defendant’s assertion that the Defendant had not been able to pay the rent for the temporary materials to the Plaintiff and was constructed and sold by the Defendant, and that C302 of the North
A transfer of B to the Plaintiff was made in lieu of payment.
However, set forth in C 302.