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1. The Defendant shall pay to the Plaintiff KRW 97,695,015 and the interest rate of KRW 15% per annum from March 27, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that leases construction materials, and the Defendant is a company that mainly engages in construction work.
B. On April 12, 2016, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) and D Cultural Center construction sites to lease temporary materials, and handed over the temporary materials.
C. On August 7, 2017, the Defendant drafted a payment certificate confirming that the Defendant would pay the Plaintiff rent of KRW 97,695,015, which was claimed until May 31, 2017 under the said lease agreement, to the Plaintiff by the 18th of the same month.
On August 24, 2017, the Plaintiff, the Defendant, and C drafted a written agreement that the Defendant shall directly pay the Plaintiff the royalty, etc. used by the Plaintiff on the leased and used construction materials (Agreement).
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, since the Defendant agreed to pay the Plaintiff the unpaid rent directly, the Defendant is obligated to pay the Plaintiff the amount of KRW 97,695,015 as well as damages for delay calculated at the rate of 15% per annum from March 27, 2018 to the day of full payment, which is obviously the day following the delivery of the original copy of the instant payment order sought by the Plaintiff.
B. On May 29, 2018, when entering into a lease agreement with the Plaintiff on construction materials, the Defendant agreed to be liable only for the items and money stated in the monthly statement of the Gangwon-do government curriculum attached to the contract among the items supplied by the Plaintiff. Since the usage fees from May 2017 to September 9, 2017 are stated in the last page of the contract as KRW 31,242,090, the Defendant asserted that the said money is liable for payment only. 2) The Defendant is liable for payment.