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(영문) 수원지방법원 2016.04.01 2015가합62046
임료 등 청구의 소
Text

1. Defendant A Co., Ltd.: (a) KRW 227,825,945 to the Plaintiff and KRW 20% per annum from May 22, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on March 6, 2013

(2) The Defendant Company’s temporary re-lease agreement to lease temporary materials to be used at any construction site implemented by the Defendant Company (hereinafter “instant lease agreement”).

B) The joint and several guarantee agreement with Defendant B, which provides that all obligations of the Defendant Company under the instant lease agreement shall be identical to that of the Defendant Company (hereinafter “instant guarantee agreement”).

(2) The Plaintiff concluded each contract. The Plaintiff leased temporary materials from the time of eight construction sites that the Defendant Company had enforced until October 2014, but was not paid rent of KRW 211,971,945 among them.

In addition, the Defendant Company failed to return to the Plaintiff provisional materials equivalent to KRW 15,854,00 after the lease term expires.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of whole pleadings.

B. According to the above facts of determination, the Defendants are obligated to pay to the Plaintiff the sum of the rent under the instant lease agreement and the non-returnable provisional expenses, as well as damages for delay.

2. Defendant B’s assertion and judgment

A. The parties' assertion that Defendant B constitutes a guarantor under the Special Act on the Protection of Surety, and that the maximum amount of the debt at the time of entering into the instant guarantee agreement is not specified in writing, and thus, the instant guarantee agreement is invalid in violation of Article 4 or 6 of the Surety Protection Act. On the other hand, the Plaintiff asserts that the Defendant’s “director” of the Defendant Company is not a guarantor under the Surety Protection Act.

B. 1) Article 1 of the Surety Protection Act (For the purpose of this Act, this Act provides that the purpose of this Act is to prevent the economic and mental harm of a guarantor due to any guarantee made in each subparagraph without any consideration, and Article 2 subparagraph 1(b) of the Act.

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