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(영문) 의정부지방법원고양지원 2015.11.04 2015가단11451
임대료 등
Text

1. Defendant B Co., Ltd. and C jointly and severally with the Plaintiff KRW 25,084,755 and Defendant B Co., Ltd. on August 2015.

Reasons

1. Determination as to the claim against Defendant B and C

A. (1) On May 16, 2014, the Plaintiff entered into a lease agreement with the Defendant Company to pay for the construction cost required for the construction of a new building for the E-ground shopping district on the following grounds: (a) the rent of KRW 48,640,00; (b) the lease period of KRW 4 months from May 8, 2014; (c) the lessee bears the cost of recovery; (d) the expendable goods are deemed to have been sold; and (e) the lease agreement was concluded by setting the cost of the construction cost

(2) As the representative director of the Defendant Company, Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the said lease agreement.

(3) Under the above lease agreement, Defendant Company and Defendant C must pay a total of KRW 79,737,700 (including material loss and loss of net value of KRW 22,403,200) including the amount of KRW 53,570,00 among them, and the Plaintiff purchased the amount of KRW 1,082,945.

(b) Defendant Company: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: Decision on deeming confession (Article 208(3)2 of the Civil Procedure Act)

2. The plaintiff alleged that the defendant D is liable to pay the balance of the above rent, etc., because it is jointly and severally guaranteed by the defendant D as the head of the site office of the defendant company with respect to the defendant company's obligations under the above lease agreement. However, it is not sufficient to recognize the above only by the statement of the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim against the defendant company and C is accepted in its reasoning, and the plaintiff's claim against the defendant D is dismissed as it is without merit. It is so decided as per Disposition.

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