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(영문) 청주지방법원 2016.07.20 2016가합353
건설자재임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 187,185,514 and the interest rate of KRW 15% per annum from June 22, 2016 to the date of full payment.

Reasons

1. Basic facts

가. 원고는 청북 진천군 이월면 진광로 358에서 건설자재 임대업 등을 목적으로 설립된 회사이고, 피고는 춘천시 B에서 토목건축공사업 등을 목적으로 설립된 회사이다.

B. On June 16, 2015, the Defendant subcontracted the part of the mold construction among the new D construction works that the Defendant contracted to Nonparty C (hereinafter “C”) to Nonparty C (hereinafter “C”), but terminated the said subcontract on the ground of the discontinuance of construction work by Nonparty C, etc. on December 16, 2015.

C. On June 25, 2015, when entering into a lease agreement with C on construction materials, the Plaintiff leased the construction materials at the construction site and paid rent by C, and drafted a lease agreement thereon (hereinafter “instant lease agreement”).

The term “joint guarantor” of the instant lease agreement includes the following: (a) the Defendant’s personal information in the name of the joint guarantor, business number, and address column; and (b) the Defendant’s personal information in the highest amount of debt guarantee; and (c) the Defendant’s on-site agent’s seal is affixed to the right.

C did not pay rent of KRW 187,185,514 out of KRW 199,587,754 from July 2015 to December 2015 to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. As to the process of preparing the portion of the joint and several surety column among the instant lease agreement, the Plaintiff’s assertion by the 1st party was consulted with Nonparty E, the director of the Defendant, and Nonparty F, the head of the field office of the Defendant. After Nonparty G, the Plaintiff’s employee G visited the site office of the said construction to Nonparty G, who was affiliated with the Defendant, for the purpose of assisting Nonparty H (General Executive Director) and Nonparty I’s administrative work, prepared and received

The Defendant asserts to the effect that “G visits the site office without any prior consultation with the Defendant, and entered the Defendant’s personal information part of the above joint and several surety column to H.

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