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(영문) 울산지방법원양산시법원 2017.07.27 2017가단513
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 8, 2017, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff for a payment order of royalties for temporary materials.

In the above application, the defendant asserted that the plaintiff guaranteed the payment of the rent to the defendant of the non-party LOBC, and sought a guarantee liability against the plaintiff.

On February 10, 2017, the payment order issued on February 10, 2017 was delivered to the Plaintiff on February 13, 2017, and became final and conclusive on February 28, 2017.

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant asserted is not a guarantee for a direct payment as to the conclusion of a contract.

B The Plaintiff cannot be held liable to guarantee only with the statement in the certificate No. 1 (a lease agreement for household material).

The plaintiff paid all the subcontracting payments to the non-party 1.

Therefore, the plaintiff is not obliged to pay the rent for the temporary materials to the defendant by the UNCITRAL.

B. Since the non-party B, who is the head of the plaintiff's at-site, guaranteed the debt of the rent for temporary materials against the defendant in the United Nations, the plaintiff shall pay the guaranteed debt.

[The Defendant’s response of May 29, 2017 shows to the effect that there was a direct payment agreement between the Plaintiff, the Defendant, and the third party in the case of the non-party dispute settlement agreement. However, the Defendant’s assertion that the Defendant is seeking the guaranteed obligation against the Plaintiff by taking into account the following: (a) the application for the payment order before the 2017th century; (b) the Defendant’s preparatory document as of July 6, 2017; and (c) the purport of the entire pleadings.

Judgment

In full view of the overall purport of evidence Nos. 1, 2-1, 2-2, 3-1, 3-2, 4-1, 4-2, 4-2, and 5, the defendant has a claim for the rent for temporary materials with respect to 4,717,90 won against UNCLOS, and the non-party B, who is the plaintiff's head of the field office, bears the burden of Non-party B, on behalf of the plaintiff, for the defendant.

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