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(영문) 춘천지방법원 강릉지원 2017.01.10 2016가단50104
물품대금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 37,43,329 and Defendant A Co., Ltd. on May 2016.

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff entered into a lease contract for temporary equipment with Defendant A Co., Ltd. (hereinafter “Defendant A”) and Pyeongtaek-gun E Multi-Family Housing Construction Corporation (hereinafter “instant construction”). Defendant D, the owner of the original contractor, Defendant C, and the owner of the building, jointly and severally guaranteed the contract.

B. After that, as the prime contractor changed from Crocheon Construction Co., Ltd., Defendant B (hereinafter “B”), the Plaintiff entered into a contract for the lease of temporary equipment with Defendant A on October 13, 2014, stating that “the initial terms and conditions of the contract are transferred as they are,” and Defendant B, Defendant C, and Defendant D jointly and severally guaranteed the contract.

C. The unpaid rent accrued from around December 2014 to December 2015 is KRW 35,023,729, and the amount of loss is KRW 2,409,600. [The entry in each of subparagraphs A through 6, and the purport of the whole pleadings, based on recognition, are as follows: (a) the unpaid rent is KRW 35,023,729.

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 37,43,329 and the amount of delay damages at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 19, 2016 to the day following the delivery of the duplicate of the complaint to each Defendants; Defendant A Co., Ltd. from May 29, 2016; Defendant C Co., Ltd. from February 16, 2016; Defendant C from February 24, 2016; and Defendant D from January 19, 2016 to the day of full payment.

3. The defendants' assertion and judgment

A. Defendant C’s assertion and determination 1) Defendant C’s assertion that the first claim is filed against Defendant A and the prime contractor, and only the performance of the obligation that the primary debtor has failed to comply with. However, Defendant C’s assertion is without merit, since the joint and several sureties has no right to defense of highest search. Defendant C’s assertion is without merit. Defendant C’s assertion added to the instant lease agreement.

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