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(영문) 광주지방법원 2018.11.20 2017가단528061
임대료등
Text

1. The Plaintiff:

A. Defendants B and E are jointly and severally 47,823,160 won and their related thereto.

Reasons

1. Basic facts

A. On January 5, 2017, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter referred to as “B”) under which the temporary materials indicated in attached Table 1 are leased to KRW 14,00,000 (excluding value-added tax) for the rental period from January 5, 2017 to July 5, 2017 (hereinafter referred to as “first lease contract”), and handed over the temporary materials indicated in attached Table 1 to Defendant B.

In addition, Defendant B entered into an agreement to pay additional rents when using temporary materials for a period exceeding the above lease period.

B. On January 5, 2017, the Plaintiff entered into a contract for the lease of temporary materials indicated in the attached Table 2 (hereinafter “second lease contract”) with Defendant D Co., Ltd. (hereinafter “D”) from January 5, 2017 to July 5, 2017, from January 5, 2017, from rent 22,420,000 (excluding value-added tax), and delivered temporary materials indicated in the attached Table 2.

In addition, D entered into an agreement to pay additional rents when using temporary materials for a period exceeding the above lease period.

C. However, Defendant B and Defendant D did not pay the rent and did not return each leased temporary material to the Plaintiff by June 18, 2018 when the end of the lease period expired.

The rent of temporary materials which the plaintiff delivered pursuant to the first lease contract and has not been returned until now is 84,700 won per day (excluding value added tax), and the rent of the temporary materials which have not been returned until now is 174,060 won per day (excluding value added tax).

E. Meanwhile, F who represented Defendant E (hereinafter “E”) entered into a contract with Defendant E to jointly and severally guarantee the obligation to be borne by Defendant D and Defendant B under the first lease agreement and the second lease agreement, and Defendant G is the representative director of Defendant E.

[Ground of recognition] There is no dispute between Defendant D and the Plaintiff.

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