beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. Basic facts
A. On June 28, 2016, the Plaintiff entered into a contract to lease temporary materials necessary for Jinju-si D Corporation (hereinafter “instant lease agreement”) with C, and on the same day, the Defendant jointly and severally guaranteed the Defendant’s obligation to pay the rent to C (hereinafter “joint and several guarantee agreement”), and the main contents are as follows.
2. Value of supply: 1,750,800 won;
3. Lease period: From June 28, 2016 to August 31, 2016;
4. Date and method of payment: Settlement by August 31, 2016, in cash.
B. On September 13, 2016, C transferred the rent of KRW 3,133,240 to the Plaintiff according to the instant lease agreement.
(c)
At the time of the instant lease agreement, the Plaintiff agreed to the following additional contents with C (hereinafter “instant special agreement”). Article 1 (General Provisions) “A” shall lease the temporary materials in attached Table 1(1) to “B”, and “B” shall pay the rent therefrom to “A”.
Article 2 (Period of Lease) (2) In cases where there is no declaration of intention of discharge, etc. in either party at least three days before the expiration of the period, the contract period shall be automatically extended.
In such cases, "B" shall notify "A" of the scheduled date of return of the goods without delay.
§ 17(2) The term of validity of this contract shall be valid from the date of delivery until the transaction shall continue.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 through 4, and 6 (including branch numbers, if any), the purport of the whole pleadings
2. Determination as to the cause of claim
A. The key point of the Plaintiff’s assertion and the Defendant’s joint and several guarantee agreement were concluded with the content that included the instant special agreement in addition to the aforementioned basic matters. Accordingly, the instant joint and several guarantee agreement was automatically extended, and the Defendant is the obligation to pay the Plaintiff rent from September 1, 2016, which was after the said lease period, to December 31, 2017, for the Plaintiff from September 1, 2016 to December 31, 2017.