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(영문) 서울중앙지방법원 2017.09.20 2016나60869
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The following facts of basic facts are either parties to a dispute or the plaintiff is interested, or Gap evidence Nos. 1, 2, and 3 [SHE PPE lease fee and goods payment confirmation, and the fact that the following stamp image of the defendant's trade name is recognized by the defendant's corporate seal impression as a result of the party's stamp image appraisal by the party's appraiser A, it is presumed that the authenticity of the document is established as a whole; hereinafter "payment confirmation of this case"], and Gap evidence Nos. 4 through 6 (including serial numbers) can be acknowledged by considering the whole purport of the arguments.

On August 2015, the Plaintiff, a business leasing construction equipment, etc., entered into a lease agreement (hereinafter “instant lease agreement”) with the Hannam Construction Co., Ltd. (hereinafter “Seoulnam Construction”) on the temporary materials used for construction works (construction section 1) between Daegu Metropolitan Circulation Highway (hereinafter “instant construction works”).

Upon entering into the instant lease agreement, the Plaintiff and Hannam-do agreed to supply the construction temporary materials to Hannam-do from August 28, 2015 to October 13, 2015, and to pay the rent for the temporary facilities until the end of the following month after the construction is supplied, and the unpaid interest rate for the delayed payment of rent, etc. shall be 20% of the unpaid interest rate.

B. On August 2015, the time following the conclusion of the instant lease agreement, the Defendant: (a) prepared the instant payment confirmation document stating that the Defendant shall jointly and severally perform the obligation to pay rent under the instant lease agreement; and (b) deliver it to the Plaintiff.

C. According to the instant lease agreement, the Plaintiff paid KRW 93,631,165 among the temporary site rents for construction supplied from August 28, 2015 to October 13, 2015, and KRW 66,289,828 among the temporary site rents for construction supplied from August 28, 2015 to nuclear construction.

On the other hand, the Plaintiff.

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