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(영문) 의정부지방법원 2019.11.21 2018가단124393

연대보증금

Text

1. The Defendant: (a) KRW 105,00,000 for the Plaintiff and 5% per annum from May 30, 2017 to December 3, 2018; and (b) the Plaintiff.

Reasons

Basic Facts

A. On July 29, 2016, C entered into a lease agreement (hereinafter “instant lease agreement”) with the following terms: (a) on July 29, 2016, the 7th floor of the E-ground buildings (hereinafter “instant store”); (b) lease deposit amount of KRW 200,000,000 per month; (c) lease deposit amount of KRW 35,000,000 per month; (d) lease period of KRW 29,000 per month; and (e) from July 29, 2016 to July 28, 2021.

B. Around that time, D transferred the instant store to C, and C paid KRW 200,000,000 to D the said lease deposit.

C. On August 1, 2016, C completed business registration with the trade name of F Hospital at the instant store and started to operate the hospital.

C paid KRW 35,00,000 monthly rent under the instant lease agreement on August 29, 2016.

E. The plaintiff is the husband of D.

F. On December 7, 2016, C prepared to the Plaintiff the loan certificate with the following content (hereinafter “the loan certificate of this case”), and C’s debt based on the above loan certificate (hereinafter “the debt of this case”). The Defendant jointly and severally guaranteed C’s debt to the Plaintiff.

The obligor of the loan certificate: The obligor C(Joint Surety) obligee: A is bound to pay on May 29, 2017, the amount of KRW 1.5 million borrowed on September 29, 2016.

The borrower's joint and several sureties C (which is the borrower's joint and several sureties) did not dispute, Gap's evidence 1, Eul's evidence 1, Eul's evidence 1, 3, and 4, the parties' assertion of the purport of the whole pleadings, and the plaintiff's assertion of the parties' assertion as to the purport of the whole pleadings, and the plaintiff's assertion as above on May 23, 2019 for three months under the instant lease agreement against Eul, but the plaintiff also asserted that D's statement was 1.5 million won in total, including the remaining rent of KRW 70 million and the rent of KRW 35 million due to the conclusion of the lease agreement with C on August 21, 2019.

The overdue rent claim 15 million won (35 million won x 3 months) was transferred to the Plaintiff, and C raises objection to the Plaintiff.