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(영문) 서울남부지방법원 2017.01.17 2015가단19869
가설재 임대료등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 103,787,584 won and its corresponding year from January 1, 2015

5.8.9

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of leasing snow materials, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in construction works and civil engineering works.

B. On October 1, 2013, the Plaintiff and the Defendant Company entered into a basic contract for the lease of construction temporary materials (hereinafter “instant contract”) by setting the term of lease as KRW 100,000,000, and setting the term of lease as three years from the date of entering into the contract, and entered into the said contract (Evidence 3; hereinafter “instant contract”).

In the joint and several surety column of the contract of this case, the name of the defendant C and D is stated, each of the above defendants' seals is present, and the joint and several surety under Article 6 is stated to bear the liability for guarantee within the scope of the above limit of supply.

C. According to the instant contract, the Plaintiff leased the construction of new construction materials at the construction site of G Educational Support Facilities located in the F Company from March 2014 to December 12, 2014, and did not receive rent of KRW 89,013,184 out of the rent of KRW 123,320,571, pursuant to the contract of this case. The Plaintiff suffered losses from the Defendant Company’s failure to receive refund of KRW 14,774,40 out of the construction of new construction materials.

[Ground of recognition] between the plaintiff and the defendant company: Confession of confession, the plaintiff and the other defendants: The absence of dispute, each entry in Gap evidence 1 through 15 (including serial numbers), and the purport of the whole pleadings

2. Of the instant contract, Defendant C, on February 2014, had a joint and several liability for the non-party company when concluding a temporary re-lease agreement between the Plaintiff and the non-party limited liability company H (hereinafter “non-party company”) on behalf of the non-party company when concluding the temporary re-lease agreement. However, the non-party company did not have a joint and several liability as to the instant contract, and Defendant D did not have a joint and several liability for the non-party company, asserting that there was no fact that the non-party company and the non-party company were

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