beta
(영문) 대전고등법원(청주) 2017.09.05 2016나11807

건설자재임대료

Text

1. Paragraph 1 of the judgment of the court of first instance, including the Plaintiff’s claim expanded at the trial room, is amended as follows.

Reasons

1. The grounds for appeal by the defendant citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if each evidence and the result of pleading submitted in the court of first instance were examined, the judgment of the court of first instance accepting the plaintiff's claim is justified after recognizing the defendant's joint and several liability for the instant lease agreement.

Therefore, this court's reasoning is to dismiss "Cheongbukbuk" of the second 8th of the judgment of the court of first instance as "Cheongbukbuk," and add "B evidence 14-1" to evidence that is not believed in the fourth 5th of the judgment, and add or alter part of the judgment of the court of first instance as follows 2, and the defendant's new argument in the court of first instance is as stated in the column for reasons of the judgment of the court of first instance, except for the addition of the judgment of the new argument in the court of first 3th of the next 3th of the judgment, and therefore, it is accepted by the main text of

2.In addition, the following shall be added to the third and second pages of the judgment of the first instance.

Article 7(1) and (3) of the instant lease agreement provides that “The rent shall be paid in cash within 60 days from the date of issuance of the tax invoice, and if the payment of the rent is delayed, 20% interest per annum shall be borne from the date of issuance of the tax invoice.” The Plaintiff issued the electronic tax invoice for the construction materials supplied by December 31, 2015, respectively. No. 5 of the judgment of the first instance court is less than 11.

Article 441(1) of the Civil Act provides that a joint and several surety for J Co., Ltd. is recognized, and the facts as seen earlier and the purport of the entire arguments are as follows, namely, if the Defendant directly pays construction materials rent to the Plaintiff according to the joint and several surety of the instant lease agreement, the Defendant, who became a joint and several surety upon C’s request by E, a director of the board of directors of the instant lease agreement, has the right to indemnity against C, and C has the right to indemnity against