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(영문) 창원지방법원 2016.07.22 2016가단106257
사용료
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 32,165,367 and the Defendants A Co., Ltd. from July 4, 2015.

Reasons

The Plaintiff entered into a temporary material lease contract with Defendant A corporation on May 2, 2015, the fact that Defendant B and C jointly and severally guaranteed the obligation to pay rent of Defendant A corporation under the above lease agreement, and the fact that the rent of Defendant A corporation is unpaid on the basis of around July 4, 2015 is 32,165,367 does not conflict between the parties.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of the said unpaid rent of KRW 32,165,367 and the amount of the said rent from July 4, 2015, up to April 10, 2016, Defendant A Co., Ltd., a delivery date of a copy of each complaint of this case, up to April 10, 2016; up to March 10, 2016; up to 6% per annum under each Commercial Act until March 11, 2016; and up to 15% per annum under each Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The Defendants asserted that the Defendant Company would settle the rent payable to the Plaintiff when receiving the payment of the construction cost from the Seocheon Integrated Construction Co., Ltd., the contractor of the work who leased and carried out the temporary materials from the Plaintiff. However, this cannot be a legitimate ground for defense. Therefore, it is without merit to further examine it.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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