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1. The Defendant shall pay to the Plaintiff KRW 31,516,596 and the interest rate of KRW 15% per annum from August 28, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On May 15, 2017, the Plaintiff entered into a lease contract with H-BAM (hereinafter “instant temporary site”) 24.4 tons of rent 3,059,760 (including value-added tax) and the lease period from May 17, 2017 to August 16, 2017 (hereinafter “instant lease contract”).
B. On May 15, 2017, when the Defendant and D did not pay the temporary site rent under the instant lease agreement, the Plaintiff drafted a payment certificate (Evidence A 3) stating that the Defendant reserved the progress payment for D and would pay the Plaintiff a direct rent, and that the Plaintiff would bear the responsibility for the repayment of the temporary site rent (Evidence A).
C. Accordingly, on May 19, 2017, the Defendant paid rent of KRW 3,059,760 to the Plaintiff.
On the other hand, around May 2017, the Plaintiff prepared a temporary re-lease agreement with the same content as the instant lease agreement with the Defendant and the Defendant as the lessee.
[Ground of recognition] Facts without dispute, Gap 1-5 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. 1) The plaintiff (the main claim) leased D with 28.936 tons of the temporary materials of this case, but D arbitrarily disposed of them without returning the temporary materials of this case, and it does not pay rent of 3,059,760 won other than that already paid. Accordingly, the defendant, which guaranteed the obligation to pay rent and the obligation to refund the temporary materials, has the obligation to pay the Plaintiff rent of 10,827,356 won (the amount calculated by deducting the unpaid rent of 13,87,116 won from 13,87,116 won) and the unpaid rent of 20,689,240 won [18,808,400 won x 6500 x 9360 x 28,9360 x 9360 x 9360 x 208) and damages for delay from the plaintiff and the defendant guaranteed the obligation to the plaintiff 2,3816.65