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1. Defendant A’s 63,438,092 won and the interest rate of 15% per annum from June 11, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On August 1, 2015, the Plaintiff entered into a contract for temporary materials lease (hereinafter “instant contract”) with Defendant A. According to the said contract, the minimum period of use of the leased object is three months (Article 9(2)), and where the leased object is returned by Defendant A, the Plaintiff shall return the leased object to the Plaintiff’s workplace designated by the Plaintiff (Article 7(3)).
B. Pursuant to the instant contract, the Plaintiff supplied temporary materials to the construction site for the new construction of a multi-household housing located in Chungcheongnam-gun budget-gun (hereinafter “instant construction site”). Defendant A discontinued the said construction around October 2015 and recovered from the instant construction site. After that, Defendant A continued to use the temporary materials supplied to the Plaintiff at the instant construction site until March 2016, when the instant construction site was discontinued from October 16, 2015 to October 16, 2015.
C. According to the instant contract, the rent (including the cost of destruction) for the temporary materials supplied from around August 2015 to March 2016 at the said construction site is KRW 63,438,092, and the rent for the temporary materials used by the Defendant’s residence from October 16, 2015 to March 2016 is KRW 24,468,92, and the fee for the use of the materials used by the Defendant’s residence is KRW 21,624,90,00, in total, KRW 46,093,82.
[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 5, 7 to 10, and the purport of the whole pleadings
2. The assertion and judgment
A. (1) According to the above facts finding as to the claim of Defendant A, barring any special circumstance, Defendant A is obligated to pay to the Plaintiff rent of KRW 63,438,092 and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 11, 2016 to the date of full payment, which is obvious that the duplicate of the complaint of this case was served on the Defendant A pursuant to the contract of this case.
Defendant A may withdraw from the construction site of this case to October 2015.