청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff registered its business with the trade name “B”.
B. On August 18, 2008, the Defendant concluded a lease agreement that leases 20 gas containers with the Plaintiff as security deposit of KRW 4,000,000, monthly user fee of KRW 1,056,00 (including value-added tax) and leased 20 gas containers to the Plaintiff.
The plaintiff-type C guaranteed the plaintiff's obligation at the time of the above lease agreement.
On December 31, 2008, the Defendant concluded a lease agreement by changing the Plaintiff and ten gas containers to KRW 2,000,000, and usage fees to KRW 561,000 per month (including value-added tax), and leased ten gas containers to the Plaintiff.
The plaintiff-type C guaranteed the plaintiff's obligation at the time of the above lease agreement.
On February 22, 2010, the Defendant entered into a lease agreement that leases the Plaintiff and five gas containers to KRW 1,000,000 per month, and KRW 280,50 per month, and leased five gas containers to the Plaintiff.
C. The Plaintiff did not pay the Defendant KRW 4,249,00 ( KRW 41,500 out of the 21st usage fee + 22-36th usage fees + 4,207,500 ( KRW 280,500 x 15th) out of the usage fees under the said respective lease agreement from August 18, 2008 to August 17, 201 under the said lease agreement.
On October 5, 2011, the Defendant filed a lawsuit against the Plaintiff and C seeking the payment of the aforementioned unpaid usage fees, and on October 5, 201, the Ulsan District Court 201Da71400 decided that “The Plaintiff shall jointly and severally pay to the Defendant the amount calculated at the rate of 4,249,000 won per annum from the day following the delivery of the complaint to the day of full payment” (hereinafter the instant decision on performance recommendation) was finalized.
[Reasons for Recognition] Unsatisfy, Gap 1, Eul 1-3, 4 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1C made a business registration under the trade name “B” from the Plaintiff, who is the birthee, and operated a gas wholesale business.
The plaintiff is only a lender, and the defendant is the defendant.