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1. The defendant shall pay 45,300,000 won to the plaintiff and 12% per annum from September 10, 2019 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. Around July 31, 2015, the Plaintiff, a lessee of temporary building materials, entered into a lease agreement with the Defendant to lease the building snow materials with a rent of KRW 179,300,00 (including value-added tax; hereinafter the same shall apply) in relation to the structural construction among the new construction works of Gyeonggi-gun C, Gyeonggi-do Co., Ltd. run by the Defendant, and the term of lease from October 1, 2015 to June 30, 2016.
(hereinafter “The instant building temporary re-lease agreement.” Accordingly, at that time, the Plaintiff delivered the Defendant with a dint of safety launch and support pipe pipes, etc., and the present rent is KRW 45,300,000.
[Ground of recognition] Facts without dispute, Gap evidence 8, Eul evidence 1, the purport of the whole pleadings
B. However, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 45,300,000 and damages for delay after September 10, 2019, which is the day following the delivery date of a copy of the preparatory document dated September 6, 2019, as sought by the Plaintiff.
2. Judgment on the defendant's defense
A. The Defendant asserts that the instant lawsuit is unlawful for the following reasons. In other words, the instant building temporary re-lease agreement entered into with the Plaintiff as a joint lessor under a business partnership agreement. As such, the claim for rent constitutes an essential co-litigation to be jointly filed by the Plaintiff, a partner of the partnership, and D, which should be jointly filed by the Plaintiff. Therefore, the instant claim for rent is unlawful except D. (2) The Plaintiff entered into a business partnership agreement with the Plaintiff to lease the building temporary re-lease that received from D in the Plaintiff’s name to another company and distribute part of the rent to D.
Then, on July 31, 2015, the Plaintiff entered into a provisional construction agreement with the Defendant on July 31, 2015 under the sole name of the Plaintiff, and had D perform a provisional construction act.