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1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 61,220,412 to the Plaintiff and the period from December 1, 2013 to November 27, 2015.
Reasons
1. Basic facts
A. A. Around April 2012, the Plaintiff, a corporation operating a temporary facility leasing business, entered into a lease agreement with Defendant B, who represented by Defendant A, on a monthly basis, on the premise that the temporary facility, such as water pumps, (hereinafter “instant temporary facility”) is leased at the Gangnam-gu Seoul Construction Site (hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff leased the instant temporary facility from April 17, 2012 to November 8, 2013 under the instant lease agreement.
B. Meanwhile, at the time of the instant lease agreement, Defendant B guaranteed the Defendant A’s obligation to pay rent under the instant lease agreement to the Plaintiff.
C. According to the instant lease agreement, the Plaintiff paid KRW 140,729,194 in total for the temporary materials of this case supplied to Defendant A, and the Plaintiff received KRW 79,508,782 in total as the temporary materials rent of this case from Defendant A until March 2013.
[Ground of Recognition] Facts without dispute between the parties, Gap evidence 1, Gap evidence 2-1 to 20, Gap evidence 3, the purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 61,220,412 won (=140,729,194 won - 79,508,782 won) and the amount equivalent to 6% per annum under the Commercial Act from December 1, 2013 to November 27, 2015, which is the date the judgment of the instant case is rendered, where it is deemed reasonable to dispute over the existence and scope of the Defendants’ obligation to perform the instant case, and the amount equivalent to 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
The Plaintiff claimed for the payment of damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings until the date of full payment. However, the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings are amended on September 25, 2015 and entered into force on October 1, 2015, and the pleading is terminated after October 1, 2015.