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1. Defendant C’s KRW 31,112,017 as well as 6% per annum from November 25, 2017 to July 11, 2019.
Reasons
1. Facts of recognition;
A. F Co., Ltd. (hereinafter “F”), the contractor of the “E-new construction project” on the ground of the Cheongju-si, a considerable area of Cheongju-si, subcontracted the said construction of reinforced concrete to G Co., Ltd. (hereinafter “G”), and G further subcontracted part of the construction to Defendant B (hereinafter “Defendant Company”).
B. On January 15, 2016, the Plaintiff and the Defendant Company concluded a construction temporary re-lease agreement under which the Plaintiff agreed to supply the construction temporary materials, such as the water pumps owned by it, to the construction site of the said E-New Construction Corporation (hereinafter “E-New Construction Corporation”) during the construction period from February 26, 2016 to June 30, 2016, with the total rent of KRW 130 million (excluding value-added tax) and the term of lease from February 26, 2016 to June 30, 2016 (hereinafter “the instant primary lease agreement”). Defendant C, the representative of the Defendant Company, concluded a joint and several guarantee agreement with the Plaintiff under the instant first lease agreement.
C. According to the first lease agreement of this case, the Plaintiff supplied construction provisional materials, such as water pumps, at the site of the new construction of this case.
Around April 2016, the Plaintiff and Defendant C appears to have been given a subcontract for part of the new construction works of this case under Defendant C during the period from February 26, 2016 to June 30, 2016, with the total rent of KRW 130 million (excluding value-added tax) for construction temporary materials owned by the Plaintiff, and the term of lease from February 26, 2016 to June 30, 2016.
It shall be supplied to the new construction site of this case, and the basic contract for the temporary loan for construction (the date of delivery) concluded with B and the Dispute Settlement Bank Co., Ltd. (the date of delivery) shall be changed to I (business operator number: J) at the request of H (H) by the lessee and the lessee I (J) shall all succeed to the transfer contract (hereinafter referred to as the “instant special agreement”). This is below the provisional loan agreement for construction (hereinafter referred to as the “instant special agreement”).