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1. The Defendant shall start on May 12, 2015 to Plaintiff A with respect to KRW 31,450,000, KRW 13,970,000, and each of the above amounts.
Reasons
1. Determination as to Plaintiff A’s claim
A. (1) On January 5, 2015, Plaintiff A leased (hereinafter “instant lease agreement”) construction machinery necessary for the E-New Construction Site located in Jeju-si (hereinafter “instant site”) to the Defendant from January 5, 2015 to January 5, 2015, and monthly rent was KRW 9,000,000 (excluding value-added tax).
(2) Pursuant to the instant rental agreement, Plaintiff A lent construction machinery to the instant site from January 5, 2015 to April 7, 2015 pursuant to the instant rental agreement.
(Ground for recognition: Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings.
B. In light of the above facts, the Defendant is obligated to pay the Plaintiff the sum of the rent of KRW 31,450,000 under the instant rental agreement ( KRW 9,130,000 for March 1, 200, KRW 2,520,000 for April 1, 200) and delay damages, barring special circumstances.
In regard to this, the Defendant asserted that the rent under the instant rental contract was settled at KRW 28,930,00 in total on March 2015 (i.e., KRW 9,130,000 for January, February, and KRW 19,80,000 for March, 200), but there is no evidence to acknowledge the above fact of settlement, as seen earlier, there is no obligation to pay the rent for April, 2015, and the Defendant is also obligated to pay the rent for April.
2. The fact that Plaintiff B leased construction machinery at the instant site from January 10, 2015 to March 4, 2015, which was determined as to Plaintiff B’s claim against the Defendant, to the Defendant; the fact that the rent for the lease was KRW 13,970,000 (including value-added tax) did not conflict between the parties; thus, the Defendant is liable to pay the Plaintiff B rent of KRW 13,970,000 and delay damages.
3. If so, the defendant's rent, 31,450,000 won to the plaintiff A, and 13,970,000 won to the plaintiff B, and each of the above amounts, shall be decided by the plaintiffs.