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1. The defendant shall pay 56,540,000 won to the plaintiff and 55,000,000 won among them to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that engages in construction machinery leasing business, etc. under the trade name of “C”, and the Defendant is a company that engages in construction business, etc.
B. On May 2015, the Defendant was awarded a subcontract for the Newly constructed construction work, which was conducted in the Busan Metropolitan City Shipping Daegu D District (hereinafter “instant construction site”) from Samsi Construction Co., Ltd. (hereinafter “instant construction site”).
C. Around May 14, 2015, before entering into the said subcontract, the Defendant entered the construction site of this case with the Plaintiff and the Defendant agreed to re-subcontract some of the construction works, such as upstreams, blastings, equipment inputs, etc., during the said subcontract, to the Plaintiff. After entering into the said subcontract, the Plaintiff placed two excavations and employees at the instant construction site at around May 14, 2015, and was preparing for the work, such as distribution of drainages, according to the Defendant’s instructions, and suspended the work on May 21, 2015 and completed the said work on the said site.
Around May 17, 2015, the Defendant agreed to pay to the Plaintiff KRW 50 million by August 30, 2015, with the cost of input and preservation of the said equipment.
On May 21, 2015, the Plaintiff issued electronic tax invoices of KRW 55,000,000 (value of KRW 50,000,000, tax amount of KRW 5,000,000) under the name of equipment for the instant construction site.
Since then, between the Defendant’s representative director F and the Defendant on June 17, 2015, the Defendant agreed to pay as a joint guarantor the Plaintiff KRW 55,000,000 per annum in addition to interest for arrears from the date of delay where delay is paid to the Plaintiff by August 30, 2015 due to equipment costs invested at the construction site of this case as a joint guarantor.
E. On June 20, 2015, the Plaintiff: (a) transported heavy equipment at the Defendant’s request for lease on the instant construction site; and (b) the Defendant arrived at the site, after having arrived at the site.