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1. Defendant C Co., Ltd. shall pay 74,432,500 won to the Plaintiff and 15% per annum from November 28, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On June 23, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract for construction works with Defendant C Co., Ltd. (hereinafter “Defendant C”) for the construction of the instant B company house on the ground other than Seosan-si (hereinafter “instant construction works”), setting the contract amount of KRW 2.54,65 million, and the construction period from July 7, 2017 to January 31, 2018.
B. Defendant C subcontracted to E Co., Ltd. (hereinafter “E”) the framework of the instant construction work.
C. On July 13, 2017, the Plaintiff entered into a temporary re-lease agreement (hereinafter “instant lease agreement”) with E from July 13, 2017 to November 30, 2017, setting the lease period as a total of KRW 4,375,000,000, and leased the temporary property, such as the ewp, etc., at the construction site of this case pursuant to the instant lease agreement.
The instant construction was suspended on or around December 2, 2017, and the Plaintiff recovered temporary materials leased to E at the construction site of the instant construction site in July 2018.
[Ground of recognition] Gap evidence Nos. 4, 5, 6, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings
2. Determination as to the claim against Defendant C
A. (1) From December 1, 2017 to May 31, 2018, Defendant C used and benefiting from temporary materials leased by the Plaintiff to E under the instant lease agreement, or obtained profit equivalent to rent (37,500,000 for six months), or suffered loss equivalent to rent by illegally occupying the land.
(2) Under the instant lease agreement, the Plaintiff has a claim for rent equivalent to KRW 36,932,50 for E, and E has a claim for construction payment against the Defendant C.
On May 11, 2018, E transferred KRW 36,932,50 to the Plaintiff out of the claim for construction cost against Defendant C for the repayment of the temporary remainder rent to the Plaintiff, and E notified the Defendant C of the said transfer on the same day.
(3) therefore.