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(영문) 수원지방법원 2019.07.03 2018나87583
양수금
Text

1. Of the judgment of the court of first instance, KRW 27,689,703 against the Plaintiff as to the Defendant and its related amount from January 4, 2018 to July 3, 2019.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is a company that operates building materials leasing business. 2) The Defendant is a company established on January 6, 2004 for the purpose of business, such as construction business, building repair business, etc.

B. Lease of building materials and joint and several sureties 1 of the Defendant’s joint and several sureties 1) Incorporated Foundation C is D Corporation to the Defendant around 2015 (hereinafter “instant construction”).

(E) The Defendant contracted to the E Co., Ltd. (hereinafter “E”).

() On April 29, 2015, the part of the instant construction works, and the part of the instant construction of reinforced concrete among the instant construction works, on September 18, 2015, respectively, were subcontracted. 2) The F Co., Ltd. (hereinafter “F”) concluded a contract for leasing construction materials to E on the instant construction site (hereinafter “instant lease contract”) on October 2, 2015, which stipulates that the rent shall be paid according to the unit cost, quantity, and the number of days of use, etc. for each of the instant construction works.

At the time of concluding the instant lease agreement, the Defendant jointly and severally guaranteed the payment obligation of rent E.

C. F’s assignment of claims to the Plaintiff 1) The F’s claim for rent of KRW 28,044,343 to the Plaintiff on November 15, 2017 for F’s 28,04,343 (hereinafter “instant rent claim”).

(2) On the same day, E and the Defendant sent a notice to the Plaintiff that “F transferred the instant rent claim to the Plaintiff.” The content-certified mail sent to the Defendant on November 16, 2017. On the other hand, the unpaid rent for E under the instant lease agreement is KRW 27,689,703 as of October 31, 2017, and the unpaid rent is KRW 31,515,204 as of November 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 7, 8, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is a joint and several guarantor company that jointly and severally guaranteed the payment obligation of the rent of E, and KRW 27,689,703, which is the transferee of the instant rent claim.

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