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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 132,881,044 and its amount from September 28, 2018 to the date of full payment.
Reasons
Facts of recognition
The Plaintiff is an individual entrepreneur who sells and leases various construction materials, and the Defendants are companies engaged in construction business, etc.
Defendant C Co., Ltd. (hereinafter “Defendant C”) contracted and executed the construction of a tourist hotel on the land outside D and four parcels at a leisure time, and subcontracted to Defendant B Co., Ltd. (hereinafter “Defendant B”) the framework construction (hereinafter “instant construction”).
Around June 5, 2017, Defendant B entered into a lease contract for construction materials between the Plaintiff and the Plaintiff (hereinafter “instant lease contract”) with the terms of leasing the construction materials related to the instant construction work (hereinafter “instant lease”) and the Plaintiff leased the construction materials to Defendant B from that time.
The following provisions are included in the instant lease agreement.
3. The unit price of the rental fee of the horizontal water and the daily rental price, shall be each other's contract price entered in the lease contract and in the list of actual prices of the delivery certificate;
6. Eul (Defendant B's title) shall verify the quantity and damage upon receipt of leased goods at the time of receipt, and if damage to Gap (the plaintiff's title) is incurred due to the loss, alteration, or any other accident of the materials at the time of return to Gap (the plaintiff's title), it shall immediately compensate for the goods at the price determined by Gap and then verify the quantity of the damaged goods at the time of return, and if Eul (the plaintiff's title is omitted or refused to ascertain the quantity for two days or more, it shall be repaid in the quantity
9. The guarantor shall be liable for civil or criminal liability for the materials and rents released from the above site;
Around November 2017, Defendant C signed and sealed the lease agreement of this case as a guarantor, and during that process, Defendant C additionally stated “11. Settlement claim as at the end of the end of the following month, cash settlement as at the end of the following month (limited to materials stored from 11/20).”
Defendant B, on June 30, 2017, KRW 1,463,858, and Defendant C, respectively.