Text
1. The defendant shall pay 70,53,568 won to the plaintiff and 12% per annum from March 26, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff concluded a contract for the lease of temporary materials at the Defendant’s construction site from August 5, 2019 to October 31, 2019 and supplied the temporary materials at the Defendant’s construction site.
B. The Defendant paid 38 million won out of the above contract amount, and did not pay the remainder of 26.9 million won.
C. In addition, from the expiration of October 31, 2019, the lease period was 43,633,568 additional user fees until February 29, 2020.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 70,533,568 won for temporary materials until February 29, 2020 (the above 26.9 million won for additional usage fees of KRW 43,633,568) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 26, 2020 to the day of full payment, as the plaintiff seeks.
However, the plaintiff claims damages for delay calculated at the rate of 20% per annum against the defendant, but it shall not be accepted for the portion exceeding the damages for delay calculated at the rate of 12% per annum under the above law.
3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.