가설재임대료 정산금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport and purport of the appeal
1. The purport of the claim;
1. The reasoning for the judgment of the court of first instance regarding the instant case is as follows: (a) the second instance judgment of the court of first instance was dismissed as “ November 1, 2017” in the second instance judgment of the court of first instance, “No. 1, 2017.” and (b) the fifth instance judgment’s 15th instance judgment of the court of first instance is in transit.
“The withdrawal of appeal by the Defendant was confirmed on September 21, 2020,” which became final and conclusive as “A while in the mountain.”
“Along with the grounds of the judgment of the first instance except for further determination as to the Defendant’s assertion in the first instance trial as follows 2. As the Defendant’s assertion in the first instance trial is identical with the grounds of the judgment under Article 420 of the Civil Procedure Act, “each entry in the evidence of subparagraphs 1 through 6” is dismissed as “each entry in the evidence of subparagraphs 1 through 7,” and “A payment confirmation document (Evidence 2)” of the 5th 20th 5th 5th 5th 20.
2. Additional determination
A. The summary of the defendant's assertion (1) The defendant is not a joint and several guarantee for the plaintiff's obligation, but a direct payment under the Framework Act on the Construction Industry.
Only within the extent of the Defendant’s obligation to pay the price to the Plaintiff, the Defendant is not liable for the payment to the Plaintiff, since the Defendant paid all the construction cost to the Plaintiff to the Plaintiff, the Defendant is not liable for the payment to the Plaintiff.
(2) The Plaintiff, the Defendant, and the E drafted the evidence of the Plaintiff No. 5 (Direct Payment Agreement) and the Plaintiff’s credit amount of the Plaintiff’s E is KRW 14,952,960, and the Defendant agreed to pay the construction cost to the Plaintiff directly. As such, the remainder of the credit amount shall be deemed to have been agreed upon by the Plaintiff to receive from E.
B. (1) Examining the text and text of the evidence (payment confirmation) No. 2, a disposition document that served as the basis for the Defendant’s guarantee liability, the first argument regarding the “The Defendant is jointly and severally with E, for the following reasons: (a) the temporary re-lease charges and additional rents owed by E upon the temporary re-lease agreement between E and the Plaintiff, and the obligation to repay leased goods when E breached the obligation to return leased goods.”