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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 45,534,680 and KRW 9.5 million among them, Defendant B Co., Ltd. shall have the effect on September 30, 2018.
Reasons
1. Basic facts
A. Defendant C is the owner of the construction of a newly built multi-family house on the land located in Dong-gu, Nam-gu, Seoul, and Defendant B Co., Ltd. (hereinafter “Defendant B”) was the company in charge of the construction of the above multi-family house.
In addition, the plaintiff is a person who engages in the business of leasing snow in the name of E.
B. From September 2018 to November 30, 2018, the Plaintiff: (a) determined temporary materials for construction to Defendant B from September 27, 2018 to November 30, 2018; (b) KRW 16,500,000 of the monthly unit fee (1.50,000,000 of the contract horizontal number x KRW 1.50,000 of the additional dues x KRW 1.50,00 of the contract horizontal number x KRW 1.50,00 of the monthly unit price; and (c) applied a group of the leased materials at the expiration of the lease term.
C. However, Defendant B paid KRW 7 million out of the rent for temporary materials of KRW 16.5 million, but did not pay the remainder of KRW 9.5 million.
In addition, even after the above lease term has expired, the above temporary materials have been used continuously, and if a group of the above lease materials is calculated, Defendant B did not pay an amount equivalent to 31,542,280 won in total, from December 1, 2018 to April 30, 2019.
In addition, the amount of KRW 4,492,400 has not been paid until April 30, 2019 with respect to the safety device.
In addition, Defendant B did not return the above temporary materials even after May 1, 2019, when the above lease term was expired. Accordingly, from May 1, 2019 to June 11, 2020, the amount equivalent to KRW 92,980,140 (the extended fee of KRW 84,527,400 plus tax of KRW 8,452,740) was collected.
The detailed details are as the table of calculation of extension fees.
E. In addition, on June 11, 2020, the quantity lost was confirmed on or around June 11, 2020. Accordingly, the amount of loss was equivalent to 18,673,600 won (the value added tax of KRW 16,976,00).
The detailed details are as the table of calculation of the cost of loss.
[Grounds for recognition] There is no dispute.