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(영문) 수원지방법원안양지원 2016.05.19 2016가단2541
물품임료
Text

1. The Defendants jointly with CConstruction Co., Ltd., and jointly with the Plaintiff KRW 20,95,000, and the aforementioned amount shall be from January 20, 2016.

Reasons

1. Determination as to the cause of claim

A. On October 18, 2014 and April 1, 2015, the Plaintiff used building materials, such as water pumps, to C Construction Co., Ltd., and Defendant A guaranteed the Plaintiff’s obligation to pay rent to the Plaintiff on October 18, 2014, and Defendant B drafted a letter of payment to the Plaintiff on April 1, 2015.

However, the Plaintiff did not receive 20,995,000 won out of the rent from the said company.

Therefore, the Defendants filed a claim with the Defendants for payment of unpaid rent and damages for delay against CConstruction Co., Ltd. in the demanding procedure of this court 2015 tea2748. The Defendants failed to raise an objection against the payment order and confirmed as they were.

As to the rent 20,995,00 won that is not paid to the Plaintiff jointly and severally with the Plaintiff, the payment order of this case is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the original copy of the payment order is served to the

B. Article 208(3)2 of the Civil Procedure Act of the judgment by deeming the confession (the Defendant only raised a formal objection after being served with the authentic copy of the payment order, but did not submit a specific written response, and did not appear on the date for pleading, therefore, it is deemed that all the Plaintiff’s allegations were led to a confession in accordance with Article 150(3) of the Civil Procedure Act).

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim against the defendants is with merit.

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