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1. The Defendant is jointly and severally with the Yjin Construction Co., Ltd., and the Plaintiff KRW 44,494,100 as well as the aforementioned amount from August 22, 2015.
Reasons
1. Facts of recognition;
A. On January 31, 2013, the Plaintiff entered into a lease agreement to lease temporary materials necessary for the new construction of a building with the Sijin Construction Co., Ltd. by March 1, 2013, and leased temporary materials under the said agreement.
B. As the Plaintiff and Yjin Construction Co., Ltd. were unable to pay part of the agreed rent that was made by Yjin Construction Co., Ltd. during the course of the renewal of the above lease agreement, the Plaintiff and Yjin Construction Co., Ltd. entered into an agreement on the payment of outstanding amount to be settled at KRW 24,829,000 in the amount of “paid rent up to June 24, 2013.”
C. Meanwhile, as the Plaintiff mentioned the return of temporary materials leased on the ground of the above unpaid rent, the Defendant, the owner of the construction of the building, who was the owner of the construction of the building, made an agreement on the establishment of real estate security to transfer part of the building to the Plaintiff as a collateral for the unpaid rent on July 24, 2013, and at the same time requested the Defendant to jointly lease the unpaid rent and the rent and all other related expenses for the construction of the company, which incurred additional rent and all other related expenses, as the Defendant jointly and severally liable, and the Plaintiff suspended the request for the return of the temporary materials.
After all, the Plaintiff leased the temporary materials equivalent to KRW 5,471,40, the rent of KRW 5,400 on July 7, 2013, KRW 5,410,90 on or around August 2013, KRW 5,735,400 on or around September 2013, KRW 5,463,70 on or around October 2013, KRW 5,463,70 on or around October 2013, KRW 5,198,60 on or around November 201, and KRW 5,292,10 on or around December 2013.
E. Meanwhile, the Yjin Construction Co., Ltd. did not return temporary materials equivalent to 14,089,900 won owned by the Plaintiff even after completion of the construction of the above new building in the second half of 2013, and the Plaintiff was on the Yjin Construction Co., Ltd.