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1. The defendant shall pay to the plaintiff 128,602,012 won and a rate of 12% per annum from March 5, 2020 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff and the Defendant are temporary materials, such as internship, system-based works, safety materials, etc. (hereinafter “temporary materials of this case”) around July 12, 2018 and around July 14, 2018.
As to the above, a temporary re-lease agreement that stipulates that the Plaintiff leases the temporary materials of this case at the Defendant’s construction site and the Defendant shall pay monthly rent (hereinafter “instant agreement”).
(2) The Plaintiff concluded the instant temporary materials to the Defendant from January 2019 to November 2019. According to the instant contract, KRW 148,601,512 was the rent for the instant temporary materials from January 2019 to November 2019.
However, the defendant paid only KRW 19,99,500 out of the above rent to the plaintiff and did not pay the remainder of KRW 128,602,012 to the plaintiff.
[Evidences : Confession of confessions or Gap evidence 1 to 8, and the purport of the whole pleadings]
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 128,602,012 won as rent under the contract of this case and damages for delay at the rate of 12% per annum from March 5, 2020 to the day of complete payment, which is the day following the delivery of the original copy of the payment order of this case sought by the plaintiff.
2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.