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(영문) 수원지방법원 안산지원 2018.11.20 2018가단53781

전기요금

Text

1. The Defendant shall pay to the Plaintiff KRW 101,963,120 and the interest rate of KRW 15% per annum from February 11, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) received electricity from the Plaintiff from around April 2011.

B. On September 29, 2014, the Defendant, who was in office as the inside director of B, set the guarantee period from September 29, 2014 to September 28, 2016, as the maximum guarantee amount of KRW 157 million to the Plaintiff, and jointly and severally guaranteed the Defendant’s liability for electrical charges against the Plaintiff.

C. B was in arrears with the electric charges of KRW 101,963,120 in total from July 1, 2016 to September 28, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. According to the above facts of recognition, the defendant, who is a joint and several surety B, is liable to pay to the plaintiff the sum of the above electrical charge liabilities incurred within the joint and several surety period and damages for delay.

The defendant merely lent only the name in the process because the representative director was absent at the time of the conclusion of the joint and several liability contract, and there was no real intent to guarantee. While the defendant asserts that the electric utility charges for the period claimed by the plaintiff had already been repaid, the evidence alone submitted by the defendant is insufficient to recognize the above assertion, and there is no other evidence to

3. According to the conclusion, the defendant is obligated to pay to the plaintiff 101,963,120 won and damages for delay at the rate of 15% per annum from February 11, 2018 to the date of full payment, which is the day following the delivery date of a copy of the complaint. Thus, the plaintiff's claim is justified, and it is so decided as per Disposition.