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(영문) 인천지방법원 2017.03.22 2016가단24184
가설재임대료 및 보증채무금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 31,284,362 and Defendant B Co., Ltd. from December 9, 2016.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant B”) around July 2015.

(A) Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a lease agreement with the Plaintiff to lease temporary materials at the construction site of Defendant B.

(2) The Plaintiff leased and sold the temporary materials at the construction site of Defendant B from July 9, 2015 to May 5, 2016, and Defendant D received some of the money from Defendant B and Defendant D from July 9, 2015 to January 6, 2016.

The total amount of sales claims that the Plaintiff is paid by May 12, 2016, including rents, sales charges, freight charges, and the settlement of destruction or loss, is KRW 52,787,767 as shown in the attached specification of transactions, and the total amount of the amount paid or reduced by the Plaintiff by May 12, 2016 is KRW 16,503,405 as listed in the attached specification of transactions (i.e., KRW 21,503,405 - KRW 5,000 as of June 10, 2016) as indicated in the attached specification of transactions (i.e., KRW 36,284,362 as of May 12, 2016).

3) On June 10, 2016, Defendant B and Defendant D paid to the Plaintiff KRW 5,00,000,000. Accordingly, the rent, etc. that the Plaintiff is paid to the Plaintiff (=36,284,362 won -5,00,000 won) remaining. [Evidence] Each description of evidence of subparagraphs A and 12 (including the serial number) and the entire purport of the pleadings [Defendant B and Defendant C are disputing the establishment of the authenticity of evidence of No. 1 (a provisional material lease agreement) but in light of all the circumstances shown in the pleadings, the authenticity of the above document is recognized.

A person shall be appointed.

B. According to the above facts of recognition, Defendant B, joint and several surety, Defendant C, and D, the principal debtor, jointly and severally, are jointly and severally liable to pay to the Plaintiff the sum of KRW 31,284,362, including the temporary materials rent, and the delay damages therefor.

2. Determination as to Defendant B and C’s defense

A. The summary of the assertion 1 Defendant B is among the new construction works of the building to Defendant D.

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