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1. The Defendant shall pay to the Plaintiff KRW 147,423,538 and the interest rate of KRW 15% per annum from December 25, 2015 to the date of full payment.
Reasons
1. The following facts are found either as a matter of dispute between the parties or as a whole as to Gap evidence 2 to 4, 10, 1-1 and 2 as well as Gap witness testimony.
A. In 2015, the Defendant, who received a contract for the installation of permanent facilities in the territorial sea from the National Maritime Surveyors of the Ministry of Oceans and Fisheries at two places outside B, subcontracted the installation of the rain-based installation works among the above construction works to the Korea ethyl Co., Ltd. (hereinafter “small-scale Co., Ltd.”).
B. On May 4, 2015, the non-party company concluded a lease agreement between the Plaintiff and the Plaintiff on a monthly rent of KRW 65 million (excluding value-added tax) and the lease agreement between May 5, 2015 and the completion of the work (hereinafter “instant lease agreement”), and leased and used the maritime tugboat and tugboat (hereinafter “the instant maritime equipment”) from May 5, 2015.
C. However, on September 3, 2015, the Plaintiff, who was not paid the rent under the instant lease agreement by the Nonparty Company, attempted to suspend input of the instant maritime equipment. Accordingly, the Defendant, on September 3, 2015, prepared and issued a written confirmation of the payment guarantee for equipment rent from May 5, 2015 to September 3, 2015, that guarantee the payment of rent settlement amount to the Plaintiff.
Meanwhile, from May 5, 2015 to September 3, 2015 under the instant lease agreement, rent is KRW 283,923,518 in total. Of these, Nonparty Company paid only KRW 136,49,980 in total to the Plaintiff on May 6, 2015, and KRW 19,99,980 in total to the Plaintiff on July 45, 2015, and KRW 45,000 in total, and KRW 71,50,000 in September 3, 2015.
2. The assertion and judgment
A. According to the above facts of determination as to the cause of claim, the defendant guaranteed the non-party company's obligation to pay the maritime equipment rent of this case to the plaintiff. Thus, the defendant, barring special circumstances, shall pay the remaining rent and its corresponding amount to the plaintiff.