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1. Defendants B and C shall jointly and severally serve as KRW 25,379,90 for the Plaintiff and as a result, from August 23, 2017 to November 1, 2017.
Reasons
1. Facts of recognition;
A. On June 20, 2016, the Plaintiff entered into a lease agreement for temporary materials necessary for new construction works to Defendant B, and Defendant C, the head of the site office, jointly and severally guaranteed the lessee’s obligation. The main contents of the said lease agreement are as follows.
1. Delivery place: The construction site of the New Construction Works on the ground E (hereinafter referred to as the “instant Construction Works”) of the Gyeonggi-do, Gyeonggi-gu and 33 lots of land;
2. Term of lease: From June 21, 2016 to the time of final return.
3. Amount: A statement of estimate to be prepared (an increase or decrease in inputs other than the sample quantity shall be calculated by calculating the additional quantity and settlement conditions of the quantity stated in the list of shipments and the order sheet);
B. From June 21, 2016 to November 9, 2016, the Plaintiff leased the temporary materials to Defendant B at the aforementioned construction site, and during the said period, the Plaintiff incurred a total of KRW 60,339,300, including rents, etc.
[A. The signature of the defendant B is also written in the column for acceptance of the front cover (A. 8-1 to 10).] (C.
Meanwhile, Defendant B paid the Plaintiff KRW 19,959,40 (=9,648,100 + KRW 10,300 + KRW 10,300) on September 30, 2016, in total, KRW 19,959,400 (=9,648,100 + KRW 10,311,300) on the pretext of rent for temporary materials.
(as the plaintiff is the person). [The ground for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 9 (including the paper number), the purport of the whole pleadings.
2. Determination as to the plaintiff's claim against the defendant Sicki corporation
A. The plaintiff's assertion 1) The defendant Spoi Co., Ltd. (hereinafter "the defendant company")
(2) The Defendant Company received the instant construction from F, and subcontracted the structural construction among them to Defendant B, and the Defendant Company consented directly to the Defendant Company’s obligation to pay the rent for the temporary materials to the Plaintiff. (2) In addition, the Defendant Company is obligated to pay the rent for the temporary materials to the Plaintiff under Article 35 (Direct Payment of Subcontract Price) of the Framework Act on the Construction Industry.