beta
Text
1. Defendant A’s KRW 67,825,694 as well as 6% per annum from October 23, 2015 to January 30, 2018.
Reasons
Facts of recognition
On November 27, 2014, the Plaintiff and Defendant A entered into a lease agreement (hereinafter “the lease agreement of this case”) with respect to temporary materials to be used for the construction of the B-based apartment house on the ground (hereinafter “instant construction”) executed by Defendant A on November 30, 2014 to March 30, 2015, the lease agreement of approximately KRW 72 million (in the amount of KRW 90,000,000,000) for rent from November 30 to March 30, 2015.
In addition, Defendant A made it possible for Defendant A to deduct rental fees within the limit of KRW 24 million in the event that he/she voluntarily raises "Ti, van, or treatment ," among temporary materials.
(A) At the time of the above contract, Defendant A had a claim of KRW 13.2 million for payment in kind to the Plaintiff, and the Plaintiff and Defendant A agreed to dispose of the above settlement amount in advance of rent. After entering into the lease contract of this case, the Plaintiff for temporary re-supply provided a subcontract to D who engages in the temporary re-lease business in the name of “C” in relation to the supply of the temporary materials after entering into the lease contract of this case, and had the Plaintiff supply the temporary materials to Defendant A.
Since then, the temporary materials were delayed due to the field circumstances, and D supplied the temporary materials to the construction site of Defendant A from February 5, 2015.
The instant construction project was not completed by March 30, 2015, and on July 18, 2015, the contractor was changed to the Defendant Company and Loenna Co., Ltd. (hereinafter “Defendant Company”).
Defendant A paid rent of KRW 22,00,000, out of the rent for temporary materials under the instant contract, to D, a temporary material supplier. The Defendant Company refunded the temporary materials to the Plaintiff by October 22, 2015.
(Reasons for Recognition) Facts without dispute, entries in Gap evidence 1, 5 through 8 (including each number), witnesses E, and D's testimony, the purport of the whole pleadings.
Judgment
The plaintiff is obligated to pay the agreed rent from February 5, 2015 to June 5, 2015.