사용료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. Basic facts
A. On March 3, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a construction company on an apartment site in which a person with a high interest in the ground, such as the Dog-ri, Dog-ri, Dog-ri, Dog-ri, Dog-ri, Dog-ri, etc., was to lease construction temporary materials at the construction site (hereinafter “instant construction site”).
B. Meanwhile, in the instant lease agreement, the Defendant’s name and seal imprint affixed on the column of joint and several sureties to the effect that the Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff of Seongbuk Construction (hereinafter “instant rent obligation”), and the said seal was carried out by Nonparty B, who is an employee of the Defendant.
B. From March 2012 to June 2012, the Plaintiff leased the construction temporary materials equivalent to KRW 23,688,126 to Seongbuk Construction. On May 3, 2012, the Plaintiff paid KRW 7,772,400 out of the above rent to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers, if any), the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. As to the argument that B is a legitimate representative of the defendant, the plaintiff 1) the plaintiff was granted the right of representation from the defendant to the plaintiff on the part of the defendant on the part of the defendant on the joint and several guarantee contract of the rent of this case, and the defendant asserts that the defendant is a joint and several surety that he is responsible for the payment of the unpaid rent which is the principal debtor, and the contract of this case is entered as the joint and several surety, and the defendant's name and seal impression are affixed on the column of the joint and several surety under the contract of this case. However, the above fact alone is insufficient to recognize that the defendant granted the right of representation to the defendant on the part of the joint and several guarantee contract of the rent of this case to the defendant on the part of the joint and several guarantee.