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(영문) 수원지방법원 성남지원 2021.03.18 2020가단12324
장비임대료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,800,000 and the interest rate from July 21, 2020 to the day of full payment.

Reasons

1. Basic facts

A. Defendant C is an individual entrepreneur who registers as “E” and operates construction machinery rental business, etc., and Defendant C is the husband of Defendant C and the above company actually operates with Defendant C.

B. As to the construction site of officetels in Kimpo-si F, the Plaintiff concluded a rental contract with the Defendants for construction equipment (astronomical air) and provided construction equipment to the said site from January 17, 2019 to October 31, 2019.

(c)

On April 10, 2020, Defendant D drafted in the name of Defendant C a letter of undertaking to pay the Plaintiff the amount of KRW 30,800,000 in installments on May 31, 2020 and June 30, 2020 (Evidence A 1).

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's claim, the defendants are jointly and severally liable to pay to the plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 21, 2020 to the day of full payment after the delivery of the written application for the payment order of this case to the plaintiff, as requested by the plaintiff. Defendant D submitted an application for resumption of pleadings to the effect that he is the defendant C is the business owner after the closure of the argument of this case and is his employee.

However, Defendant D actually operated E on the first hearing date on January 14, 2021.

A confession in court has been established by making a statement, and a confession in court may be revoked only when it proves that it was due to an error (Article 288 of the Civil Procedure Act). Such a statement is difficult to see that it was due to an error due to its nature, and there is no evidence to acknowledge it.

The Defendants have lent the business name of “E” to bear the above debt, and the contents of the said instrument of payment guarantee (Evidence A No. 1) are also to bear the debt, and the Defendants are to bear only G’s debt.

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