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1. The Defendant shall pay to the Plaintiff KRW 125,87,883 and the interest rate of KRW 15% per annum from June 22, 2017 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff entered into a contract with the Defendant on May 19, 2016, stating that “The Plaintiff leases construction materials to the Defendant at the construction site, the Defendant shall pay rent calculated on the basis of the Plaintiff’s unit price from the date the construction materials began to be used to the date all goods are returned to the Plaintiff, and the Plaintiff may claim for the destruction of the lost materials after verifying the quantity at the time of returning the goods, and the Defendant shall claim for the destruction of the lost materials to the Defendant, and the Defendant shall compensate the Plaintiff for the destruction in accordance with the Plaintiff’s calculation standards for the loss (the foregoing contract is deemed to be a bonded Construction Co.,, Ltd. and M&D Co., Ltd. as
hereinafter referred to as “instant contract”).
(2) The Plaintiff concluded the instant contract with the Defendant from May 20, 2016 to May 31, 2017, the Plaintiff leased and delivered construction materials, such as water pumps, pipes, c lamps, connection pins, plates, and softs, etc., to the new construction site during the period from May 20, 2016 to May 31, 2017, and KRW 42,691,00,00, respectively, with the rent of KRW 94,436,83, and the cost of partial disposal of materials, as well as KRW 1,760,00, respectively.
3) The Defendant did not pay to the Plaintiff the remainder of KRW 125,887,883 out of KRW 13,00,000,00, which is the sum of the above rent, loss loss, etc. (including the above rent, loss, etc.) and paid to the Plaintiff the remainder of KRW 125,887,883. [Grounds for recognition: The purport of each of the entries and arguments in the confessions or Gap evidence (including the serial number)
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remainder of rent, etc. at the rate of 125,887,883 won and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 22, 2017 to the date of full payment, as sought by the Plaintiff.
2. As such, the plaintiff's claim can be accepted, we decide to accept it.