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(영문) 청주지방법원 2015.11.04 2015가단16293
임대료
Text

1. The Defendant shall pay eight million won to the Plaintiff, as well as five percent per annum from September 3, 2015 to November 4, 2015, and from the next day.

Reasons

1. On April 5, 2013, the Plaintiff agreed to rent 1.6 million won per monthly rent (200,000 won per 2 million won) when leasing 8 of the Plaintiff’s factory machinery to C Co., Ltd.

The defendant jointly and severally guaranteed the obligation to pay the above rent for the corporation C.

C used the above factory machinery by July 31, 2015, and thereafter the Plaintiff recovered the above factory machinery.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The parties’ assertion that the Plaintiff did not pay the above rent since October 2013, the Plaintiff asserted that: (a) the rent from October 2013 to July 2015 should be paid; and (b) the deposit made by C in the name of D by Co., Ltd. is the personal debt repayment between C (referring to B’s representative director) and the Plaintiff’s representative director F, and is not the instant rent payment.

As to this, the Defendant asserts that C corporation deposited the rent in the name of the Plaintiff from June 2013; from July 2013 to February 2015, the Plaintiff deposited the rent in the name of D personal account in the name of the Plaintiff’s representative director F, and paid the rent from February 2015 at the Plaintiff’s request, and the Defendant failed to pay the rent from March 1, 2015 to July 31, 2015.

B. There is no dispute between the parties to the judgment, or in full view of the purport of the entire arguments in the statement in Gap evidence Nos. 4 and 5 (including the serial number), C deposited the above mechanical rent into the Plaintiff’s account in the name of the Plaintiff until June 2013. The deposit procedure paid 17.6 million won including value-added tax 1.6 million won, if the Plaintiff issued the tax invoice for “request”, and thereafter paid 1.6 million won for the rent from the date of February 2015. The fact that the rent from the end of February 2015 deposited 1.6 million won in the name of D without issuing the tax invoice at the Plaintiff’s request. However, C deposited 1.9 million won a month in the name of D but

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