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1. Defendant B’s 54,461,410 won and the interest rate of 15% per annum from July 19, 2017 to the date of full payment.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. On March 26, 2015, the Plaintiff entered into a new construction project with Defendant B, Dasan Cown Housing (hereinafter “instant construction project”).
2) As to the temporary materials, such as pipes, etc. used at the site, a lease agreement stating that the above Defendant would pay the rent to the Plaintiff by means of “cash payment on the 15th day of each month following the claim for the rent,” and that the rent shall be paid at a rate of 85% of the new purchase price when the leased goods are damaged (hereinafter “instant lease agreement”).
(2) According to the instant lease agreement, the Plaintiff leased temporary materials, such as short pipes, oil pumps, etc. (hereinafter “instant temporary materials”) at the construction site four times from March 26, 2015 to April 23, 2015, and Defendant B, around May 15, 2015, issued a certificate of confirmation that the Plaintiff would return the temporary materials leased to the Plaintiff by June 30, 2015, but did not return the instant temporary materials.
3) On August 19, 2016, the Plaintiff received final return of the instant materials at the instant construction site; accordingly, the Plaintiff incurred KRW 39,681,910 as rent up to that time; KRW 9,293,50 as fee for the destruction of the unpaid materials; KRW 5,486,00 as expense for the recovery of materials; and KRW 5,486,00 as expense; and KRW 4) on June 10, 2015, Defendant B prepared a letter stating that “The Plaintiff will be held liable for all criminal charges for the removal and disposal of the leased materials at another construction site.”
[Evidence Evidence: Descriptions of Evidence Nos. 1 through 5, 7, 8, 11 and 12, and the purport of the whole pleadings]
B. According to the above facts of determination, Defendant B shall promote the lawsuit from July 19, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, with the sum of KRW 54,461,410 (=39,681,910,910, 9,293,500,500) and the cost of collecting the temporary materials of this case.