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(영문) 수원지방법원 2018.06.07 2017나7825
연대보증채무에 따른 가설자재 임대료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (Around June 21, 2013, the Plaintiff entered into a contract with the Defendant for the lease of temporary materials to the Defendant regarding the construction and civil works of the Bagdo and Dog-do. The Plaintiff leased the temporary materials to the construction site according to the contract.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of the rent payable to the Plaintiff as the party to the above lease agreement or the nominal lender, the sum of the rent payable to the Plaintiff, and the delay damages.

② Even if the Defendant is not a party to the above lease agreement, the Defendant jointly and severally guaranteed the obligation to pay rent to the Plaintiff for the rental agreement that the Plaintiff entered into with the Cranc Construction Co., Ltd. (hereinafter “Cranc Construction”).

Furthermore, even if the fact that the joint and several surety was not recognized, it is an expression agent beyond the authority of the defendant to conclude a contract for joint and several surety in the name of the defendant, and there is a justifiable reason to believe that the plaintiff has the power to exercise the authority to execute the contract for joint and several surety, and on the other hand, even if the act of the French construction constitutes an act of unauthorized representation, the defendant ratified

Therefore, the defendant, as a joint and several surety, is liable to pay the unpaid rent to the plaintiff.

The plaintiff has reached the appellate trial, and the above 1A.

The plaintiff asserts that the plaintiff is liable as a contracting party to the contract, and it is not clear whether the plaintiff withdraws the cause of the claim alleged in the original judgment, as stated in paragraph (1).

B. Defendant’s assertion ① did not conclude the above lease agreement with the Plaintiff, ② did not grant the Defendant the right to make a lease agreement with the Defendant as a joint and several surety, and ③ even if the Defendant is obliged to pay the temporary rent to the Plaintiff.

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