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1. The Defendant shall pay Plaintiff A KRW 29,425,00 and a rate of KRW 20% per annum from December 3, 2013 to the date of complete payment.
Reasons
1. According to the overall purport of the statements and arguments by Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply) as to the plaintiff's claim, the defendant requested the plaintiff to perform mid-term operations concerning the construction of the connection road of Hapong-gun C. The plaintiff from April 21, 2013 to the same year.
7. Since it can be recognized that the Defendant carried out flat work by using the mid-term season until December 22, 200, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 3, 2013 to the date of full payment, as the Plaintiff seeks.
2. Determination as to the plaintiff B's claim
A. The Plaintiff asserted by the parties, when the Defendant executes the construction of D Apartment in Mineyang-si, the Plaintiff demanded that the Plaintiff lease construction materials, such as pipes and oil pumps, to be used in the said construction, and accordingly, the Plaintiff from March 5, 2012.
5. The defendant asserts that he should pay 4,071,320 won to the plaintiff, because he leased pipe, etc. up to February.
In this regard, the defendant asserts that, among the above new construction works, he subcontracted the retaining wall construction to E, and that E has leased and used construction materials from the plaintiff, E is not obliged to pay rent for materials and to pay it to the defendant.
B. It is insufficient to acknowledge that the Plaintiff entered into the instant construction materials lease contract with the Defendant solely based on the descriptions of the judgment fee, Gap evidence Nos. 1 and 4, and some testimony of witness E, and there is no other evidence to acknowledge this otherwise.
Rather, according to witness E’s testimony, E requested the Defendant to lease building materials by subcontracting a retaining wall construction among the above new construction works from the Defendant, and the building material lease contract between the Plaintiff and the Defendant is not directly prepared.