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1. The Defendant shall pay to the Plaintiff KRW 128,188,930 as well as 20% per annum from March 22, 2014 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a construction business operator who leases and engages in retail business with the trade name of “C,” and D Co., Ltd. (hereinafter “D”) used the Plaintiff’s building materials under a subcontract for construction work at the construction site of the new E-sports Center in Nam-gun, Bosung-gun.
B. On May 4, 2013, the Plaintiff leased construction materials with D regarding the construction site construction at the new site of the E-Gun Sports Center (hereinafter “instant construction”). However, the basic lease period is 30 days, and the materials being used are calculated daily and destroyed after the lease period are settled separately, and the rent is to be paid at the end of the following month (hereinafter “instant lease contract”).
C. Pursuant to the instant lease contract, the Plaintiff leased construction materials, such as pipes, safety launch plates, stairs launch plates, cross-pins, lamps, clamp, oil pumps, poppy pumps, and soft, to the Plaintiff even after the lapse of 30 days. The construction materials rent that was not refunded from June 2013 to February 8, 2014, including the cost of destroyed materials, became KRW 128,18,930,00, including the cost of destroyed materials.
The Defendant, as a field manager at the construction site of this case, led the Plaintiff to conclude the instant rental contract, and the Defendant himself/herself signed the “sureties” column of the instant lease contract and guaranteed the obligation to rent the building materials D, and thereafter confirmed the items and quantity of the building materials upon completion of the use of the building materials from the Plaintiff at the construction site and returned to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including paper numbers; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is a joint and several surety of the lease contract of this case unless there are special circumstances.