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1. The Defendant’s KRW 266,431,00 for the Plaintiff and KRW 5% per annum from April 23, 2019 to May 27, 2020, and the following.
Reasons
1. The Plaintiff is a company that aims at the sale and lease of construction machinery, and the Defendant is a company that engages in construction business, etc.
On February 15, 2019, the Plaintiff entered into a contract with the Defendant to lease and sell temporary materials at the construction site of the Gangseo-si Office Office Officetel (hereinafter “instant contract”) which is a contractor, and leased temporary materials at the above site around that time.
The Plaintiff and the Defendant agreed that the rent at the time of the instant contract shall be paid in cash within 30 days from the date of issuance of the tax invoice at the end of each month (Article 2 of the contract), and that the Defendant shall lose the benefit of time (Article 8(1)4 of the contract) in cases where the Defendant did not pay part or all of the rent at least once or violates the payment agreement.
Around February 15, 2019, the Defendant agreed with the Plaintiff on behalf of the Plaintiff to pay KRW 66,00,000, out of the rent for temporary materials that the Plaintiff, a subcontractor of concrete construction, bears to the Plaintiff by March 15, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. In full view of the purport of the entire pleadings as to the grounds for the claim Gap's evidence Nos. 2 and 4 (including each number), the Defendant started to delay the payment of the rent for the temporary materials under the instant contract from February 2019 to the Plaintiff from the date of the closing of the argument, and the Defendant's unpaid rent as of the date of the closing of the argument in the instant case can be acknowledged as constituting a total of 200,431,00 as indicated below.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 266,431,00 and KRW 66,00,000,000 and the agreed amount of KRW 266,431,00 and damages for delay.
The remainder of the Gu rent shall be 06,246,900 6,246,900 on March 15, 2019; 015,312,00 on March 15, 2019; 312,00 on April 14, 2019; 335, 200 on April 14, 200; 335, 200 on 14,335, 200 on 14,335, 200 on May 201.