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(영문) 수원지방법원여주지원 2017.07.11 2016가단9683
임대료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60,709,000 and the interest rate thereon from December 22, 2016 to the date of full payment.

Reasons

Facts of recognition

The plaintiff is the trade name of E, and the defendant B is a person who engages in the business of leasing and selling snow materials in the trade name of F.

In addition, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an entity leasing snow materials, and Defendant D is the representative of the Defendant Co., Ltd.

On March 23, 2015, the Plaintiff entered into a goods rental agreement with the Defendants, and supplied the Defendants with goods according to the said agreement.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 4 (including each number), the purport of the whole pleadings.

The Plaintiff asserted by the Plaintiff with the Defendants and supplied materials after concluding a contract for the lease of building-to-land materials. The Defendants did not pay rent from July 2016.

Therefore, the Defendants should jointly pay rent for materials sealed to the Plaintiff.

Defendant Company D Plaintiff classified Defendant Company and Defendant D and G (F’s actual operator as Defendant B’s spouse) and supplied goods at each site. However, at the time of the lease agreement, the Plaintiff and Defendant Company D did not have a business relationship between the Plaintiff and Defendant Company D and entered into a contract in the form of a joint and several surety for Defendant B.

Since then, the lease contract between the plaintiff and the defendant corporation was concluded around July 2016, and at the time, the defendant corporation was liable only for their supplied goods.

However, the plaintiff's claim of this case is a claim for the price of the goods supplied to G.

Therefore, the plaintiff's claim is improper.

Judgment

The Plaintiff and Defendant B entered into a lease agreement with Defendant B, and Defendant B did not pay the rent from July 2016, and the rent for Defendant B was 60,709,000 as of October 31, 2016, and the rent was 60,709,000 as seen earlier or there is no dispute between the Plaintiff and Defendant B.

Therefore, Defendant B is obligated to pay the above rent to the Plaintiff.

The evidence and the whole pleadings set forth prior to the claim against Defendant D.

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