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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,787,917 and the interest rate thereon from February 11, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who engages in the business of leasing temporary materials in the name of “D”, and the Defendant New Construction Industry Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a juristic person engaged in civil engineering work, etc.
B. On July 25, 2013, the Plaintiff and the Defendants: (a) supplied temporary materials, such as water pumps, to the construction site in the Yansan-si, Yansan-gun, Yannam-gun; (b) leased or sold them; and (c) the Defendant Company paid the Plaintiff rent or sales fee; and (c) Defendant B and C entered into a temporary re-lease agreement to pay the said joint and several sureties (hereinafter “instant lease agreement”); and (d) some of the contents of the instant lease agreement are as follows.
Rent for the payment of rent under Article 3 of the lease contract of this case shall be paid monthly on the basis of the date on which the plaintiff's lease goods are released.
Provided, That where the payment of rent is delayed, compensation for delay according to the overdue interest rate of 25% per annum shall be paid by the date of full payment.
Article 6. Joint and Several sureties shall jointly and severally perform all obligations, such as rents owed by the defendant company to the plaintiff by the defendant company.
When the plaintiff delivers or returns leased articles to the defendant company, the plaintiff shall deliver a shipment certificate to the defendant company.
Upon termination of the lease period, the defendant company shall, without delay, return leased articles at its own expense to the plaintiff's workplace or place designated by the plaintiff.
Article 14. Sticking, plucking, cutting, and digging up central part of leased objects, and artificial damage of oil pumps, etc. shall be disposed of as waste objects, and compensation equivalent to the compensation unit price calculated pursuant to Article 20 shall be paid to the plaintiff for waste objects, in addition to rents.
The Plaintiff’s property is lost by the Defendant Company’s possession of leased property due to loss or theft.