보증채무금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 29, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a non-party company, setting the lease amount as KRW 206,595,90, and the period as KRW 60,848,50, and monthly lease fee as KRW 3,848,50 with respect to the lease property (hereinafter “instant lease agreement”) with the non-party company B (hereinafter “non-party company”).
B. At the time of entering into the instant lease agreement, D, which practically operated the non-party company, has prepared the instant lease agreement with documentary evidence, such as the Non-party company’s corporate seal impression, corporate passbook, corporate seal impression certificate, Defendant’s seal impression, resident registration certificate, resident registration certificate, copy of resident registration certificate, etc. The Defendant, who was the representative director of the non-party company at the time of entering into the instant lease agreement, is recorded
(hereinafter referred to as the “joint and several sureties of this case”).
The non-party company did not pay monthly rent from August 2015. Accordingly, the Plaintiff notified the non-party company that the instant lease contract was terminated around October 15, 2015.
As of October 15, 2015, the lease amount that the non-party company did not pay is KRW 88,700,235.
E. On the other hand, on April 6, 2015, D was prosecuted for the charge of forging and uttering private documents relating to the instant joint and several sureties. On December 9, 2015, the Suwon District Court rendered a judgment of conviction against D (U.S. District Court 2015Da1264), and the said judgment became final and conclusive on September 28, 2016 following the procedure of appeal and final appeal.
[Ground for Recognition: Facts without dispute, Gap's evidence 1 through 5, Gap's evidence 7, 8, Gap's evidence 10 through 16, Gap's evidence 19, Eul's evidence 1 through 4 (including paper numbers), the purport of the whole pleadings]
2. The parties' assertion and judgment
A. The plaintiff's assertion is that the defendant's entries in the lease contract of this case as joint and several sureties are legitimate acts, or that the defendant is not the defendant's name or trade name.