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1. The Defendant shall pay to the Plaintiff KRW 70,83,631 and the interest rate of KRW 15% per annum from November 7, 2017 to the day of complete payment.
Reasons
The Plaintiff entered into a lease agreement with the Defendant on December 5, 2016, and accordingly, the Plaintiff leased temporary materials, such as uniforms and pipes, to the Defendant’s construction site from November 23, 2016 to July 12, 2017. The Defendant paid only KRW 27,564,669 out of the rent of the temporary materials 98,39,300, without dispute between the parties, or based on the overall purport of arguments and arguments. Accordingly, the Defendant is liable to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 7, 2017 to the date following the delivery of the original copy of the instant payment order.
As to this, the Defendant contracted and supplied reinforced concrete construction from KSC Construction, and leased temporary materials from the Plaintiff for the said construction, and the Plaintiff was paid KRW 32,000,000 out of the above rent from KSC Construction Co., Ltd., and accordingly, the Plaintiff claimed only the difference, and the difference should also be claimed for KSC Construction. The Plaintiff received KRW 32,00,000,000 as the above rent from KSC Construction.
The above assertion is without merit, since there is no evidence to deem that the KSC Construction Co., Ltd. took over the Defendant’s obligation as a discharge of liability.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.