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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 106,57,180 and the interest rate thereon from October 16, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On August 9, 2016, the Plaintiff: (a) leased temporary materials to be used in “E New Construction Corporation” in D Co., Ltd. (hereinafter referred to as “C”) (hereinafter referred to as “E New Construction Corporation”) with the term fixed on August 8, 2017, as a company that engages in construction materials leasing business; (b) the Plaintiff leased them by the term of lease.
(A) Evidence No. 1). (b)
The Defendants completed the “E New Construction Work” on May 4, 2017, and subsequently performed the new construction work as a subsequent company, and upon acquiring and using the temporary materials leased by D from the Plaintiff, prepared a written confirmation that D would jointly and severally be liable for the rent incurred thereafter on the basis of the date when D was cut off (Evidence 2).
C. The Defendants paid total of KRW 20,000,000 to the Plaintiff, including KRW 10,000,000 on August 18, 2017 and KRW 10,000 on August 22, 2017.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 6-2 and 3
2. Determination:
A. With respect to the claim of KRW 70,00,000 according to the D rents subrogation payment agreement, the Defendants asserted that the Defendants and the Defendants agree to pay KRW 90,00,000 among D rents on behalf of the Defendants, and that the Defendants are jointly and severally liable to pay KRW 7,00,000 as the Plaintiff paid KRW 20,000 among D rents. On the other hand, the Defendants asserted that there was no agreement on subrogated payment as asserted by the Plaintiff, and that KRW 20,000,000,000 paid to the Plaintiff is the amount of advance payment corresponding to the period for which the Defendants used the temporary materials unique regardless of D unpaid rents. 2) The Defendants did not submit evidence Nos. 8 and 9 evidence Nos. 3 and evidence No. 4-1 as evidence.
In addition to the purport of the entire pleadings, the Defendants are entitled to make the Plaintiff from each entry or recording file (including each number).