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(영문) 수원지방법원 2020.07.15 2016가단800194
임대료 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. Around June 2016, E discontinued concrete construction was suspended, and the Defendant around that time determined and subcontracted to G Co., Ltd. (hereinafter “G”) the construction cost of the instant construction as KRW 761,167,000 (including value-added tax).

Around that time, I had been involved in the construction site of this case in the operation of a personal business entity of H’s trade name.

G decided to succeed to the status of E under the above lease agreement around July 2016, G entered the contract date retroactively on May 24, 2016, in the lease agreement (hereinafter “first lease agreement”) in which G succeeded to the status of E, and the contract date was entered as the meaning of the above succession, and I, while being qualified as the head of the Defendant’s on-site manager, jointly and severally guaranteed the rent obligation owed by G to the Plaintiff according to the above lease agreement.

I requested on August 8, 2016 from G’s employees J to issue orders of “non-line pipe 3,00 m. non-line pipe 2,500 m. 2,50 m., westV4 2,500 m., westV6 1,500 m., monet 600*1200 2,50 m., and on the same day, J sent the Plaintiff a letter of order (Evidence 2) in G name with the content that the above quantity of temporary materials are supplied to the instant construction site.

From August 9, 2016 to August 10, 2016, the Plaintiff supplied temporary materials worth approximately KRW 129 million in accordance with the above order form at the construction site of this case (hereinafter “instant temporary materials”), and around that time, I sold all the instant temporary materials to L who operates a trade company with the trade name “K” without the Plaintiff’s consent at KRW 66.2 million.

I confirmed that the temporary materials of this case were taken out from the construction site of this case, the Plaintiff requested I to enter into a lease agreement with the Defendant, and I, on August 11, 2016, requested I to enter into the lease agreement with the Defendant, and I, on August 11, 2016, entered into the lease agreement with the lessor as the Plaintiff and entered into the lease agreement with the lessee as the Defendant.

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