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(영문) 의정부지방법원고양지원 2015.04.22 2014가단64212

보증채무금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 58,594,276 and KRW 58,535,206 from July 4, 2014 to the date of full payment.

Reasons

1. In full view of the facts without any dispute over the cause of the claim and the overall purport of the statements and arguments stated in Gap evidence Nos. 1 through 5, the plaintiff (formerly changed: Korean Social Co., Ltd.) entered into a contract for the lease of facilities with the non-party company B (hereinafter "non-party company") on May 27, 2013 (hereinafter "non-party company") by setting the lease amount of KRW 42,040,00 (Provided, That the lease amount of KRW 2,739,70 (Provided, That the first time is 2,953,361 won), the lease period of KRW 36,00 per annum 25% per annum, and the damages rate of damages rate of KRW 40,50,000 for the lease of facilities (lease) to the non-party company on the same day; the contract for the lease of facilities was terminated on the same day by the non-party company on the two occasions; the contract was terminated by the non-party company on June 24, 2015, 20197.

Therefore, barring any special circumstance, the Defendant, a joint and several surety of the non-party company, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate from July 4, 2014 to the date of full payment, for the amount of 58,594,276 won and 58,535,206 won (=58,594,276 won - damages for delay - 59,070 won).

2. Judgment on the defendant's assertion

A. The defendant alleged that the joint and several surety was not replaced because the plaintiff received documents on the change of the joint and several surety from the defendant and completed the examination, and that the joint and several surety was not replaced by the defendant, and that the defendant was liable for the joint and several surety, but it is not sufficient to recognize the above only by the descriptions of the evidence Nos. 1, 2, 4, and 5, and there is no other evidence to acknowledge it, the above assertion

B. The defendant is subject to the above facility lease agreement.