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(영문) 의정부지방법원 2018.09.20 2017나209670
건설기계대여료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that manufactures and sells ready-mixed, etc., and the Defendant is the owner of B (hereinafter “instant construction”).

B. The Defendant contracted the instant construction to Jinjin Comprehensive Construction Co., Ltd. (hereinafter “ Jinjin Comprehensive Construction”), and the Jinjin Comprehensive Construction subcontracted the instant construction to C.

C. On January 3, 2015, the Plaintiff entered into a contract to supply ready-mixed to C, and the Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff.

The Plaintiff supplied ready-mixed in accordance with the above contract, and supplied ready-mixed by changing the counterpart to the supply of ready-mixed to the Jin comprehensive Construction from May 13, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, Eul 1, and the purport of the whole pleadings

2. The Plaintiff’s primary and primary assertion, Jinjin Construction Co., Ltd. subscribed to the supply contract between the Plaintiff and C, and the Defendant consented to the acceptance of the above contract as a guarantor, which is liable to perform the obligation to supply ready-mixed as a joint and several guarantor to the Plaintiff.

Preliminaryly, the defendant has the obligation to perform his obligation as the defendant has acquired the obligation of the plaintiff of Jinjin Construction concurrently.

3. Determination

A. It is difficult to find that the evidence submitted by the Plaintiff as the primary cause of the claim alone was an acceptance of the contract asserted by the Plaintiff, and even if so, the testimony by the witness D of the trial party alone is insufficient to recognize that the Defendant consented to the acceptance of the contract as a joint and several surety, and there is no other evidence to acknowledge otherwise.

B. According to the overall purport of the pleadings, even after the Plaintiff supplied ready-mixeds to Jinjin Comprehensive Construction, the Defendant may acknowledge that the Plaintiff paid the price of ready-mixeds to the Plaintiff, but the construction cost of Eul evidence 1.

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