beta
Text
1. The defendant shall pay 15,160,000 won to the part of the intervenor succeeding to the plaintiff and the part of the intervenor from December 31, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On September 1, 2013, the Defendant: (a) received a contract from Rain Co., Ltd. (hereinafter “Ra”) for file attachment (hereinafter “instant construction”) among D apartment construction works ordered by Rain Construction Co., Ltd.; (b) around that time, the Defendant concluded a lease agreement with E (hereinafter “E”) to lease file attachment equipment from E to use file attachment equipment at the site of the instant construction work.
B. On September 15, 2013, the Plaintiff, who operates a construction machinery leasing company with the trade name of “F,” entered into a construction machinery lease agreement (hereinafter “instant lease agreement”) with G and lessor, a regular manager of E, and the Plaintiff and lessee, to lease KRW 50,000,00 per month rent (excluding value-added tax, and payment within 60 days after the end of each month). From September 17, 2013 to January 24, 2014, the instant construction project was completed by placing resistance and four working personnel at the site of the instant construction project.
C. The rent under the instant lease agreement is KRW 215,60,000 in total, and the Plaintiff was paid KRW 40,700,000 on January 3, 2014 by Rara and KRW 85,700,000 on January 29, 2014, and the remainder was not paid.
Plaintiff
On December 22, 2014, after the filing of the instant lawsuit, the Plaintiff’s father, transferred KRW 15,160,000, out of the rent claims against the Defendant asserted by the Plaintiff in this case, and notified the Defendant of the transfer of the above claim on December 23, 2014. On December 24, 2014, the part of the succeeding intervenor notified the Defendant of the transfer of the said claim. The above notification was issued to the Defendant on December 24, 2014.
Plaintiff
Some successors succeeded to the part of the lawsuit of this case on the ground of the assignment of the above claim.
[Ground of Recognition] 3, 4, 12, 14, 30, 31, 35, 36, 37, and 1.