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1. Defendant C:
A. Plaintiff A Co., Ltd.: (a) KRW 9,842,00 and the interest rate thereon from December 13, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. Each construction machinery listed in the separate sheet Nos. 1 and 2 (hereinafter “this case’s 1 and 2 construction machinery”) and each movable property listed in the separate sheet Nos. 4 and 5 (hereinafter “the movable property of this case”) are owned by the Plaintiff Company, and the construction machinery listed in the separate sheet No. 3 (hereinafter “the construction machinery No. 3”) is owned by the Plaintiff Company B.
B. Around September 7, 2018, E and F, Defendant C used the instant construction machinery Nos. 1 through 3, and Defendant D used the instant movables Nos. 1 and 2, respectively.
C. On December 8, 2018, Defendant C delivered the instant construction machinery Nos. 1 and 2 to Plaintiff A Co., Ltd., and the instant three construction machinery to Plaintiff B, respectively.
The amount equivalent to the rent for construction machinery No. 1 and 2 in the instant case between September 7, 2018 and December 8, 2018 is 9,842,000 won in total (including transportation cost of KRW 242,00), and the amount equivalent to the rent for construction machinery No. 3 in the instant case is 5,10,000 won.
The amount equivalent to the rent of the first and second movables of this case is KRW 5,200,00 per month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 24, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as to the plaintiffs' claims against the defendant C, the defendant C possessed the construction machinery Nos. 1 and 2 of this case from September 7, 2018 to December 8, 2018 without title, and thus, the plaintiff A Co., Ltd., the owner of construction machinery of this case Nos. 1 and 2 of this case, suffered damages of KRW 9,842,00, which is the amount equivalent to the rent for the above period of the construction machinery No. 1 and 2 of this case. Thus, the defendant C is obligated to pay damages for delay calculated at the rate of 15% per annum (the next day after the date of delivery of a copy of the amended claims and the grounds for claims as of December 4, 2018, as of December 13, 2018).