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1. The Defendant: KRW 85,875,444 for the Plaintiff and KRW 5% per annum from September 18, 2013 to October 28, 2014; and
Reasons
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 6, and 10, by integrating the whole purport of the pleadings:
On September 24, 2012, Nonparty Korea Land and Housing Corporation contracted a new construction of public library and nursery facilities to the Defendant, and on September 24, 2012, the Defendant entered into a contract with Nonparty Hanam Construction Co., Ltd. (hereinafter “Hanam Construction”) for the construction of reinforced concrete (hereinafter “instant construction”).
B. From October 6, 2012 to December 31, 2012 between the Plaintiff and the Plaintiff on October 6, 2012, the lower court concluded a contract with the Plaintiff on the lease of temporary materials owned by the Plaintiff (referring to all materials installed and used temporarily or temporarily for construction work and demolished or demolished after the completion of the construction work in question).
C. On December 24, 2012, Hanam-do agreed to reduce the instant construction work with the Defendant while it was performing the instant construction work after being supplied with temporary materials by the Plaintiff.
On or after December 31, 2012, the expiration date of the term of the instant temporary re-supply contract, the Plaintiff continuously leased the temporary materials at the instant construction site until March 13, 2013, and the Defendant returned the said temporary materials to the Plaintiff upon the completion of the instant construction work on or around August 26, 2013 and around August 27, 2013.
2. The Plaintiff’s temporary materials, which caused the Plaintiff’s claim, continued to be used at the instant construction site until August 26, 2013, even after the sub-project for sub-project for sub-project for sub-projecting, and the Plaintiff was not paid the fees for temporary materials during the said period, and thus, the Plaintiff incurred damages equivalent to KRW 46,958,670 from January 1, 2013 to August 2013 (85,875,444), and KRW 46,958,670 from the time the said construction was performed.
However, at the time of the foregoing construction work, the defendant assumed the plaintiff's above debt (i.e., the plaintiff's debt) and directly after the said construction work.