(영문) 서울북부지방법원 2017.06.23 2016나4363

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(영문) 서울북부지방법원 2017.06.23 2016나4363

사무기기사용료

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a personal business entity that mainly lends office equipment, such as a printer, composite and reproduction machine, with the trade name of “E” in Dongdaemun-gu Seoul, and the non-party company is the lessee who leased the complex from the Plaintiff. The Defendant is an employee of the non-party company and the non-party company is the person who retired from the non-party company around March 201.

B. On December 7, 2010, Nonparty Company entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on a deposit of KRW 300,000,000, monthly user fee of KRW 120,000 (excluding ex post payment and value added tax).

C. The Defendant entered the Defendant’s name, resident registration number, front number, and Defendant’s telephone number in the joint and several surety of the first lease contract of this case, but did not affix his seal.

Between September 2014 and July 2015, Non-Party Company did not pay the Plaintiff multiple-term usage fees, and based on July 9, 2015, the sum of overdue usage fees of Non-Party Company is KRW 1,714,975.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserts that the defendant is liable for joint and several sureties's overdue charge on the non-party company's overdue charge since the defendant entered the lease contract of this case as a joint and several sureties. 2) The defendant claims that the defendant is liable for joint and several sureties's overdue charge on the non-party company's overdue charge. 1) The defendant stated the non-party company's entries and the column of joint and several sureties in the first lease contract of this case at the request of the plaintiff's employees in charge of the non-party company, and the defendant returned the above lease contract in the state where the non-party company did not write his letter and put his signature on the end of the contract of this case. Thus, the defendant cannot be deemed as a joint and several sureties of the lease contract

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