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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 25 million and 5% per annum from July 10, 2014 to April 29, 2015.
Reasons
1. On September 7, 2013, the Plaintiff: (a) leased construction materials to Defendant B related to the “D site” (hereinafter “D site”); (b) Defendant B paid construction materials rent to the Plaintiff; and (c) compensate for damages arising from the loss of construction materials; and (d) Defendant E&K construction Co., Ltd. (hereinafter “Defendant Company”) concluded a joint and several contract on Defendant B’s obligation to pay construction materials rent to the Plaintiff; and (b) liability for damages arising from the loss of construction materials.
At the time, Defendant B paid 5 million won to the Plaintiff a guarantee (security) for the debt incurred at the location D.
From the date of the above contract, the Plaintiff leased construction materials to Defendant B, and on April 12, 2014, on the Plaintiff’s account book, the total amount of debt to be paid by the Defendants to the Plaintiff as of April 12, 2014 is indicated as KRW 107,498,264, KRW 69,898,105, and the remaining amount is indicated as KRW 37,60,159.
On February 7, 2014, Defendant B and the Plaintiff’s corporate register and E, an internal director and a staff member in the D field, agreed to deduct KRW 10 million from the above debt, on the condition that Defendant B would return all construction materials in the D field.
Defendant B entered into a construction materials lease contract with respect to the construction site located in the Osan City F (hereinafter “F site”) in addition to the Plaintiff and D site. The construction materials leased to be used on the D site were transferred to the F site without notifying the Defendant Company or obtaining the consent.
The amount of construction materials used by Defendant B to the F site is certain, and the amount is not specified. The construction materials related obligations used to move to the F site were not deducted from the calculation of the above KRW 107,498,264, which is the D Site obligations prepared by the Plaintiff.
[Ground of recognition] Witness E's testimony, Gap evidence 1-8, respectively.