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1. The Defendants jointly pay to the Plaintiff KRW 55,612,705 and the interest rate thereon from October 21, 2015 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The following facts are deemed to have been led to the confession between the Plaintiff and the Defendant consignor Co., Ltd. (hereinafter “Defendant consignor”), pursuant to Article 150 of the Civil Procedure Act, and the Plaintiff and the Defendant Daedae Construction Co., Ltd. (hereinafter “Defendant Daedae”) may be acknowledged by taking into account the overall purport of the pleadings as a whole among the written evidence No. 1-1 through No. 7.
1) On August 5, 2014, the Plaintiff concluded a lease contract for temporary materials (hereinafter referred to as “instant lease contract”) with Defendant Dae-soon with the following content:
A) On the same day, the Defendant had jointly and severally guaranteed the obligation to recommend the name of the Defendant under the instant lease agreement. 1. The amount of lease is based on a transaction statement: the basic fee (unit price table) per day x the name, standard, and quantity of the goods x the unit price x the unit price 2 per day x the unit price of use x the number of goods and the delivery invoice .
2. Lease period: from August 5, 2014;
3. Settlement terms: Cash settlement on the tenth day of the following month after the end of each month.
4. Delivery place: Busan Jin-gu B
5. Transportation expenses: Expenses to be borne by the lessor for at least five tons of transportation at the scene;
6. Disposal of loss: The lessee shall reimburse for the loss when he/she returns the leased material and the damaged quantity in accordance with the loss and unit price table.
2) From August 5, 2014 to February 28, 2015, the Plaintiff leased the temporary materials equivalent to KRW 62,049,705, in total to Defendant Dae-to-Land. The Plaintiff paid KRW 17,382,00, out of the rent from Defendant Dae-to-Land. 3) Defendant Dae-to-Land did not refund to the Plaintiff the temporary materials equivalent to KRW 10,945,00, out of the temporary materials leased from the Plaintiff under the instant lease agreement.
B. According to the above facts, the lessee of the instant lease agreement and the Defendants, a joint and several surety, jointly and severally, are jointly and severally KRW 44,67,705 (=62,049,705 - KRW 17,382,00), and KRW 10,945,000 in total, and KRW 55,612,705 in total, as well as KRW 55,612,705 in total.