사용료
The defendant's KRW 58,979,244 to the plaintiff and 5% per annum from November 22, 2019 to July 23, 2020 to the plaintiff.
1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 2 through 5 (including additional numbers) as to the cause of the claim, the defendant entered into a joint and several guarantee agreement with the plaintiff on November 21, 2017, which sets forth the maximum amount of KRW 185,30,00 with respect to the subordinate debt, such as unpaid electricity charges and additional taxes, against the plaintiff who is the principal debtor (hereinafter "joint and several guarantee agreement in this case"). At the time of the joint and several guarantee agreement in this case, the debt such as unpaid electricity charges, etc. for the plaintiff at D can be acknowledged as having not been paid to the plaintiff up to 185,382,20 won in total (=108,298,740 won in arrears from August 2, 2016 until November 2016) (=7,08,460 won in arrears from October 7, 2017 and November 4, 2017).
According to the above facts, the defendant, as a joint and several surety, has a duty to pay the plaintiff a debt of 98,298,740 won, including the remaining electricity charges, and delay damages.
2. Judgment on the defendant's assertion
A. The gist of the assertion 1) The Plaintiff did not provide the Defendant, the surety, with credit information related to the principal obligor’s obligation under Article 436-2(1) of the Civil Act, and did not notify the Defendant of the fact that the principal obligor failed to perform his/her obligation under Article 436-2(2). As such, the Defendant’s guaranteed liability should be mitigated or exempted. 2) D fully repaid the Plaintiff’s unpaid electric charges, etc., and even if there exists the remaining amount, the Plaintiff exempted
B. Article 436-2(1) of the Civil Act, which determines on the assertion of reduction or exemption under Article 436-2(4) of the Civil Act, provides that an obligee is or is aware of whether to enter into a guarantee agreement or the credit information related to the principal obligor’s obligation, which may affect the conclusion or content thereof, at the time of entering into a guarantee agreement.