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(영문) 대전지방법원천안지원 2016.12.20 2016가단5432
건축가설자재임대료 등
Text

1. Defendant B, C, D, and F jointly and severally with the Plaintiff KRW 16,840,140, and Defendant B with respect thereto on June 10, 2016.

Reasons

1. Facts of recognition;

A. From August 4, 2015 to November 5, 2015, the Plaintiff leased building materials to Defendant C managing G, and Defendant B, D, and F jointly and severally guaranteed Defendant C’s obligation to pay rent and the obligation to return leased materials.

B. Of the rent of KRW 2,310,585 for August 2015 (including value-added tax), rent of KRW 5,500,00 for September 2015 (including value-added tax), and rent of KRW 12,77,640 for October 2015, the Plaintiff received KRW 2,301,50 for September 4, 2015 from Defendant D through the account in the name of Defendant E Co., Ltd., and received KRW 5,00,00 on October 1, 2015, respectively, and did not receive KRW 3,562,50 for the leased construction materials.

[Based on the recognition] Defendants B, C, and F: The assertion of confession (Article 150(3) of the Civil Procedure Act); Defendant D; E; the absence of dispute; evidence Nos. 1 through 8 (including fact-finding; hereinafter the same shall apply); Eul’s evidence Nos. 1 and 2; and the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant C, B, D, and F are jointly and severally liable to the Plaintiff for rent of 13,277,640 won [2,310,585 won - (5,500 won 5,777,640 won - (2,310,585 won 5,000 won)] (2,310,585 won 5,000 won)] and unclaimed construction materials 3,562,50 won (16,840,140 won (16,50 won) and the following day following the delivery of a copy of the complaint of this case sought by the Plaintiff, Defendant C, C, from June 10, 2016 to April 26, 2016; Defendant D, and F, from May 14, 2016 to the date of the discharge of each of their respective defenses against the Defendant’s joint and several surety’s respective claims against the Defendant’s joint and several surety.

B. Defendant E.

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