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(영문) 청주지방법원충주지원 2019.07.10 2018가단3857
임대료 등
Text

1. The defendants are trade names before the change of the non-party E Co., Ltd. of the payment order of this case.

Reasons

1. On November 10, 2017, the Plaintiff entered into a lease contract and sales contract with Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to lease and sell temporary materials (hereinafter “instant contract”). The Defendants jointly and severally guaranteed the obligations of Nonparty Co., Ltd. to the Plaintiff under the instant contract. Under the instant contract, the Plaintiff sold and leased temporary materials to Nonparty Co., Ltd. from November 23, 2017 to December 13, 2017, the Plaintiff sold and leased the temporary materials to Nonparty Co., Ltd. at the construction site of “G Office” from November 23, 2017, but the Nonparty Co., Ltd. was not able to pay to the Plaintiff rent 868,428 won, December 3, 2017, and KRW 4,302,302,124 won (i.e., the total amount of rent 86,4384,696 won).

Unless the cost of loss is determined in the instant contract, the unit price of the material confirmed by the material issued by the incorporated association H, the material acquired after inquiring of the I association shall be applied. The fact that the total of KRW 12,934,350, as shown in the attached list, does not conflict between the parties, or that there is no dispute between the parties, or that the whole purport of the pleading in each of the evidence Nos. 1 through 5 (including the serial number, if any) is acknowledged.

According to the above facts, barring any special circumstance, the Defendants, a joint and several surety of the contract of this case, jointly with the non-party company, who is the principal obligor, are KRW 17,236,474 in total (i.e., rent 4,302,124 KRW 12,934,350) and the complaint of this case sought by the Plaintiffs.

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