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(영문) 서울남부지방법원 2018.11.06 2018가단11026
중기사용료
Text

1. Defendant B, C, D, E, and F are jointly and severally liable to the Plaintiff for KRW 38,223,00,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates construction machinery leasing business under the trade name of “H,” and around September 2017, the Plaintiff entered into a mid-term use contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the condition that the term of use between September 2, 2017 and December 31, 2017 should be determined as KRW 8,800,00 (including additional tax; hereinafter the same shall apply) and the royalty, and Defendant C and F jointly guaranteed the Defendant B’s obligation to pay the above royalty.

B. Around January 1, 2018, the Plaintiff entered into a mid-term use agreement with Defendant B to lease one of the said well-knownrs to KRW 8,800,000 each month during which the period of use is from January 1, 2018 to January 31, 2018, and from February 31, 2018 to February 28, 2018, the Plaintiff jointly and severally guaranteed Defendant C, F, and G’s obligation to pay the above fee.

However, the defendant G sold sand collected at the work site of the elderly and guaranteed the above obligation under the condition that the user fee is paid for the sale price.

C. On March 7, 2018, Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E jointly and severally guaranteed the aforementioned A and B-use fee obligations against Defendant B.

From September 2, 2017 to February 22, 2018, Defendant B was liable for usage fees of KRW 51,223,00 (= KRW 44,00,000 (== KRW 8,800,000 x 5 months) for February 2, 2018, Defendant B was liable for usage fees of KRW 6,453,000 for the transportation of steel scrap and KRW 770,00 for the transportation of steel scrap) from September 2, 2017 to January 31, 2018. Of these, Defendant B paid KRW 13,00,000 among them.

[Reasons for Recognition] Defendant B, C: Confession (Article 150(3) of the Civil Procedure Act), Defendant D, E, F, G: Each of the descriptions of evidence Nos. 2 and 3, and evidence Nos. 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant B is the principal debtor, and Defendant C, D, E, and F are jointly and severally and severally a joint guarantor to the Plaintiff amounting to KRW 38,223,00 (= KRW 51,223,000 – KRW 13,00,000, and this case’s liability.

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