beta
(영문) 서울중앙지방법원 2018.01.17 2017가단68937

리스금

Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 43,030,811 as well as the full payment from April 13, 2017.

Reasons

1. The allegations and judgment of the parties

A. 1) In full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1 and 3, the reason for the application of the attached Form (However, the "creditor" and the "debtor" are deemed the plaintiff and the "defendant".

In addition, the payment order against the debtor corporation B was finalized.

(2) The facts stated can be acknowledged. However, since the maximum amount of the Defendant’s guaranteed liability is limited to KRW 235,500,000 (see evidence 1 of this Act), the Defendant is obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

B. As to the determination of the Defendant’s assertion, the Defendant as the surety, but according to the aforementioned evidence, the Defendant’s joint and several liability pursuant to the lease agreement of this case can be acknowledged. The Defendant’s assertion is rejected on the ground that the joint and several surety does not have the highest right to defense and search under the main sentence of Article 437 of the Civil Act.

2. For this reason, the Plaintiff’s claim is partially dismissed and it is so decided as per Disposition.

참조조문