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(영문) 수원지방법원 평택지원 2018.06.14 2017가단5551
가설재임대료 등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 36,080,633 as well as Defendant A from October 1, 2016 to September 4, 2017.

Reasons

1. Facts of recognition;

A. On September 2, 2015, the Plaintiff entered into a contract with Defendant A and Dobong-gu Seoul Metropolitan Government on the lease period from September 2, 2015 to on-site finishing surveillance; the payment method was determined in cash settlement on September 2, 2015 to 30 days after the last day (hereinafter “instant lease contract”); and Defendant B jointly and severally guaranteed the obligations of Defendant A under the said contract.

B. The instant lease agreement is accompanied by a general terms and conditions of the lease agreement and a detailed statement of leased property (A. 1-2, 1-3, 1-4, and each written estimate).

Provisions of the above general terms relating to the issue of this case are as follows.

(A) When the delivery and return (1) of Article 5 (Delivery and Return (1) A delivers to B the leased object, A shall deliver a shipment certificate to B, and B shall deliver a receipt to B.

(2) In returning leased articles to Party A, Party A shall deliver a certificate of receipt to Party B.

(3) The place of return of leased articles shall be located within the place of business of Party A designated by Party A, and its time from 09:0 to 17:00 of the ordinary day and from 09:00 to 15:00 of Saturdays, and is excluded on holidays and Sundays.

(4) If there is anything inappropriate for the size and other matters of the delivered article, Eul shall be notified to Eul within two days. If Eul neglects this, it shall be considered to have been delivered to Eul in full.

(5) Within seven (7) days after the quantity of the returned leased article is above the quantity, A shall notify B. If A neglects this, the leased article shall be considered to have been delivered to A in the quantity stated in the invoice, and B shall not bear any liability thereafter.

(6) In returning, B may not be substituted by another thing.

Provided, That this shall not apply where A is recognized.

Article 7 (1) Rental fees shall be paid after a lease contract for leased property is concluded.

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