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(영문) 수원지방법원평택지원 2019.08.22 2018가합11321
물품대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 1,003,254,338 and its amount from August 1, 2018 to November 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a temporary re-lease business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that operates a housing construction business, etc.

B. The Plaintiff entered into a temporary re-lease agreement with the Defendant Company, as indicated below:

(hereinafter referred to as “instant Hongcheon, Gimhae, Ganyang, and D field lease contract,” depending on the field name; and Defendant C signed the following lease agreement as a joint guarantor.

(2) On September 26, 2016, on August 29, 2016, the aforementioned joint and several guarantee contract was concluded (hereinafter “instant guarantee contract”). On September 26, 2016, the construction site of Hongcheon-gun E and 15 parcels of land (hereinafter “redungcheon-si”). On September 26, 2016, the second new construction site of the apartment complex G G (hereinafter “Seoul-si site”) was located on September 26, 2016, and on September 19, 2016, the purport of the entire pleadings was without dispute as to September 19, 2017, the construction site of the Hayang-gu Hayang-gu H new construction site (hereinafter “Syang-gu”) located outside the population I and 34 parcels of land (hereinafter “D site”). The fact that there is no dispute as to the grounds for recognition” in subparagraphs 1 through 4, and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) In accordance with the instant claim against the Defendants, the Defendant Company and the joint surety, a principal debtor, are jointly and severally liable to pay the Plaintiff the unpaid rent, the amount of damages, and the amount of damages incurred from material destruction due to the loss and loss (i.e., unpaid rent of KRW 700,008,692, KRW 114,731,460) and the amount of damages incurred therefrom (i.e., unpaid rent of KRW 700,008, KRW 692, KRW 114,731,460).

B. Defendant C’s assertion 1 The instant guarantee agreement is against a large number of obligations uncertain.

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