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(영문) 대전지방법원천안지원 2016.04.27 2015가단16824

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The related defendant is a person who operates a lease business, such as temporary materials, with the trade name "D" in Asan City C.

E Co., Ltd. (hereinafter referred to as “E”) entered into a subcontract with the owner F of the building on the part of the Heung-gu G detached Housing Construction Corporation (hereinafter referred to as the “instant construction”) in Cheongju-gu Seoul Special Metropolitan City.

On the other hand, the plaintiff led the construction of this case to the friendship with F.

B. 1) On November 5, 2013, E entered into a contract on the lease of permanent materials for construction (hereinafter “instant lease agreement”) with the Defendant, the Defendant leased the permanent materials necessary for the instant construction to E, and the Defendant pay rent. If E loses possession of the temporary materials for lease due to depreciation, theft, etc. and it is impossible to refund it to the Defendant, the contract on the lease of permanent materials that pays the amount of loss and loss for the relevant quantity recognized by the Defendant (hereinafter “instant lease agreement”).

(2) On the same day, the Plaintiff signed and sealed the instant lease agreement obligation against the Defendant as a joint and several surety.

3) Specific contents of the instant lease agreement are as follows. Article 5 (Joint Guarantee)

1. The joint and several sureties shall guarantee the full performance of the obligations of the lessee under this contract, such as the payment of rent and the return of leased articles;

2. Where a lessor and lessee conclude a re-contract that partially alters the terms of the contract (including paragraph (3) of the attached Table), it shall be deemed that a joint guarantor does not separately affix his/her signature and seal on the re-contract and consent to such amendment

Article 19 (Matters to be Stated in Special Agreement) Any special agreement entered in the attached Form shall be an incorporated into this Agreement and shall be supplemented or amended.

Attached Table

1. A contract of 00,000 won per square meter on the total floor area (40 square meters) by means of a contract on the details of lease. The invoice shall be treated as an additional quantity and shall be compensated for the implementation of the loss;

Total of 4 million won

2. Lease deposit from November 5, 2013 to November 25, 2013: Building owner.