logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.02.15 2016가단41178
보증채무금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 11, 2014, the Plaintiff entered into a joint and several guarantee agreement (hereinafter “instant guarantee agreement”) with the non-party company C (hereinafter “non-party company”) to lease temporary materials to be used in the “D new site” (hereinafter “instant construction site”) that the non-party company performed under a subcontract from Defendant B Co., Ltd. (hereinafter “Defendant Company”). The Plaintiff entered into a joint and several guarantee agreement (hereinafter “instant guarantee agreement”) with Defendant A to assume the same responsibility as the non-party company for all obligations under the instant lease agreement.

B. In addition, Defendant A entered “Defendant Company Field A” in the “Joint Guarantee Co-sureties (2)” column of the instant lease agreement and signed Defendant A’s written name next thereto.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 12, Eul evidence Nos. 2 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Both claims;

A. The Plaintiff’s assertion 1) The Plaintiff that incurred rent, etc. at the instant construction site until October 31, 2015 (hereinafter “instant contract period”) at the instant construction site.

(A) Although temporary materials were leased, the instant lease agreement was terminated around the time when the non-party company was not paid rent of KRW 112,004,038 among them. From November 1, 2015 to January 31, 2016 (hereinafter “period other than the instant contract”).

(2) The Plaintiff used the temporary materials owned by the Plaintiff at the site of the instant construction. The amount equivalent to the rent for the temporary materials that occurred during the period other than the instant construction contract is KRW 16,756,319. In addition, while the Defendant Company used the temporary materials owned by the Plaintiff, the temporary materials equivalent to KRW 46,596,310 were destroyed. (2) The Plaintiff’s assertion as to the portion that occurred during the instant construction contract period is primarily the Defendant Company’s guarantee contract with respect to the instant lease agreement, and the details of the Defendant Company.

arrow