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(영문) 수원지방법원성남지원 2017.07.11 2016가합207085

보증금

Text

1. The Defendant’s KRW 240,000,000 as well as 5% per annum from January 16, 2017 to July 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company conducting air-conditioning and heating installation business. C, while taking charge of the business of purchasing equipment at the Plaintiff Company, formulated a false statement of expenditure and a statement of transaction details from January 5, 2016 to June 30, 2016, and sold over-supplyd TV to the Plaintiff, thereby incurring damage equivalent to KRW 257,587,248 in total to the Plaintiff.

B. On July 4, 2016, the Defendant, who is the mother of C, concluded a joint and several surety contract with the Plaintiff that guarantees C’s liability for damages against the Plaintiff within the limit of 240 million won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The plaintiff seeks to pay to the defendant a joint and several liability amounting to KRW 259,778,653 as a joint and several liability amount and damages for delay. According to the above recognition facts, the plaintiff's guarantee limit amount is KRW 240,000,000,000,000 won. Thus, the plaintiff's claim is reasonable within this scope, and the

3. Therefore, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 16, 2017, which is the date following the delivery date of a copy of the complaint of this case, to July 11, 2017, which is the date of the decision of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment. Thus, the plaintiff's claim of this case of this case is justified within the above recognition scope, and the remainder of the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.