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(영문) 광주지방법원 2016.08.19 2015나54826

보증채무금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff was established on October 14, 2013 and operated a medical device wholesale and retail business. H is the representative director. From December 12, 2011, before the establishment of the Plaintiff, H runs a medical device wholesale and retail business with the name of J as well as the name of J, i.e., the husband.

B. On October 16, 2013, the Plaintiff completed the registration of the transfer of ownership as to the real estate listed in the separate sheet (hereinafter “instant stores”) from K on October 15, 2013, as to the real estate listed in the separate sheet (hereinafter “instant stores”). At the time of completing the registration of the transfer of ownership as to the instant stores, the registration was completed by the Gwangju District Court’s receipt of No. 205348, August 15, 2013 as to the instant stores as of August 30, 2013 by the Gwangju District Court’s receipt of No. 177734, August 30, 2013.

(hereinafter “instant collateral security”). C.

On October 17, 2013, the Plaintiff drafted a lease agreement under which the Defendants, as a lessee, guarantee the obligations owed by the G Cooperatives to the Plaintiff, from October 17, 2013 to October 17, 2015, regarding the rental deposit amounting to KRW 50 million, KRW 10 million per month, and the lease term, and the Defendants, as the lessee, from October 17, 2013 to October 17, 2015.

(hereinafter “instant lease agreement”). D.

G Cooperatives did not pay all other rental deposits to the Plaintiff under the instant lease agreement, and did not pay all monthly rents from October 17, 2013, which was the date of conclusion of the instant lease agreement.

Accordingly, on May 28, 2014, the Plaintiff sent to the G Cooperatives a certificate of the content that the instant lease agreement should be terminated, delivered the instant stores, and paid overdue rents, etc. on the grounds of the unpaid rental deposit, delinquency in rent, etc. Around that time, the said certificate reached the G Cooperatives.

E. On February 17, 2014, H, the representative director of the Plaintiff, is N on January 20, 2014, registered as the owner with respect to the Seo-gu 4th M 32 of Gwangju (hereinafter “instant 32”). < Amended by Presidential Decree No. 25069, Jan. 20, 2014>