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1. The Plaintiff:
A. Defendant B’s KRW 55,397,354 as well as 5% per annum from May 27, 2019 to February 19, 2020.
Reasons
1. Basic facts
A. On November 6, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) land owned by D Co., Ltd. (hereinafter “D”) including KRW 50 million, KRW 4.4 million per month of rent, and KRW 4.4 million from November 15, 2013 of the lease term to D (hereinafter “instant lease agreement”).
As a real estate broker, Defendant C mediated the instant lease agreement.
B. D leased the instant land in order to use it as a dynam site, and Defendant B was responsible for the construction of a dynam site on the ground of the instant land.
C. On January 14, 2014, Defendant B entered into a contract for the supply of ready-mixed with F Co., Ltd. (hereinafter “F”), and at the time, Defendant B entered into the order of ready-mixed (hereinafter “instant order”) with F Co., Ltd., stating that the unit price is KRW 57,200 in the case of products 25-18-080, and KRW 60,800 in the case of products 25-21-120, and KRW 25,800 in the case of products 25-21-120, the unit price is KRW 60,800 in the remarks column, and is written as “the expected volume is 800 cubic meters.”
There are two joint and several guarantors in the order column and the order column, and in the order column, the defendant B and the two joint and several guarantors, upon the request of the defendant B, and the plaintiff and the defendant C signed each personal information.
According to the above contract, F supplied ready-mixed to Defendant B from January 14, 2014 to January 22, 2014.
E. F filed an application for payment order (2014j2565) with the purport that “Defendant B, the Plaintiff, and the G (the Defendant C’s name was mistakenly stated) shall jointly and severally pay F the amount calculated at the rate of 20% per annum from the day following the day when the F was served with the order and the day when the order was fully repaid (2014j2565) by asserting that the amount was not paid KRW 28,567,440 from Defendant B, and the said court shall pay F the amount calculated at the rate of 20% per annum from the day when the order was served with the order.” The above court on August 29, 2014.