Defendant C shall pay 46,715,000 won to the Plaintiff and 12% per annum from June 16, 2020 to the day of complete payment.

1. Facts of recognition;

A. On March 1, 2017, Defendant D entered into a contract with E for the construction of a new commercial house located in the F in the racing-si (hereinafter “instant construction”) and Defendant C entered into a subcontract with E on the construction of a charnel house located in the instant construction project around that time.

B. On May 20, 2017, the Plaintiff, as a manufacturer and seller of building materials, entered into a lease agreement with Defendant C on the building materials listed in the separate sheet (hereinafter “instant building materials”), and Defendant C invested the instant building materials at the construction site of this case.

C. On September 5, 2017, E agreed to suspend the instant construction project, and that Defendant D would not incur any damage without claiming material and labor expenses related to the instant construction project against Defendant D.

Defendant C also discontinued subcontracted construction works from E around that time, and the instant construction materials were not recovered and left alone at the construction site of this case.

Defendant D moved the instant construction material to his own farmland located in Yongcheon-si on the ground that it would interfere with the execution of the instant construction work, and the instant construction material was lost from the said farmland around early 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 3, 4, and 5, and the purport of the whole pleadings

2. The Plaintiff asserts that Defendant C did not pay KRW 27,915,000 out of the total rent of the instant construction material KRW 30,458,00,00, and Defendant C did not return the instant construction material to the Plaintiff and did not leave it at the construction site of this case, thereby incurring loss of the instant construction material equivalent to KRW 18,800,000.

As to the Plaintiff’s assertion, Defendant C appears to have led to confession pursuant to Article 150 of the Civil Procedure Act, Defendant C shall be deemed to have led to the Plaintiff to compensate for damages of KRW 27,915,00 for rent = 27,915,00.