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1. The Defendants jointly and severally pay to the Plaintiff KRW 37,807,963 and KRW 22,343,211 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that mainly aims at the leasing business of building temporary materials.
On May 2, 2016, the Plaintiff leased the snow construction site to the Defendants and Defendant B, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a contract for the building cost lease (hereinafter “instant contract”) with the content that the Defendant C (hereinafter “Defendant C”) is jointly and severally liable for the payment of the above rent within the maximum maximum debt amount of KRW 300 million.
B. The main contents of the instant contract are as follows.
Article 2 (Details of Contracts)
1. Details of lease: The same as the list of leased property;
2. Method of calculating rents: (Basic daily rent 】 the number of days of use) 】 Quantity 】 Rent under Article 3 (Methods of Payment of Rent) shall be calculated monthly on the basis of the time when the leased articles arrive at the construction site of Defendant B at the construction site of Defendant B and paid on the date of payment agreed in accordance with paragraph (7)
(Provided, That if the payment of rent is delayed by the agreed settlement date, compensation for delay shall be paid at an overdue interest rate of 25% per annum until the date of full payment). Article 6 (Joint Guarantee) guarantees the full performance of the obligations of Defendant B under the contract of this case, such as the payment of rent and the return of leased goods.
C. The Plaintiff leased the construction temporary materials to Defendant B from May 2016 to December 2016, and received a partial repayment of the rent. As of the closing date of the pleading, there is an attempted principal of KRW 22,343,211.
【Defendant B’s ground for recognition: The confession, the defendant C: The absence of dispute, the entries in the evidence of subparagraphs 1 through 5, and the purport of the whole pleadings
2. According to the above facts of determination, the Defendants appears to have errors in the “additional Details” attached to the Plaintiff’s application for amendment to the claim claim and claim purport of July 19, 2019, which are attached to the Plaintiff, in accordance with the instant contract, as seen earlier, KRW 22,343,211, the balance of the rent for the construction cost as well as damages for delay on the said amount.
However, on March 2, 2018, one million won repaid on March 2, 2018 to the Defendants.