보증채무금
1. The defendant shall pay to the plaintiff KRW 91,658,842 as well as KRW 41,153,188 among them, from August 2, 2017 to the day of full payment.
1. Determination on the cause of the claim
A. On December 26, 2007, the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) leased to the Nonparty Company the automatic Packing equipment (acquisition cost of KRW 638,552,500) owned by the Plaintiff for 42 months. The Nonparty Company paid a certain amount of rent each month during that period, and made a lease agreement with the effect that the delayed rate of 24% per annum is applied to the overdue rent (hereinafter “instant first lease agreement”). However, on August 30, 201, the lease agreement was changed to 54 months for the lease period.
(2) On October 31, 2007, the Plaintiff and the non-party company entered into a lease agreement with the non-party company for a 44-month period on which the system (acquisition price of KRW 358,721,200) was set up by the Plaintiff’s robot owned by the Plaintiff, and the non-party company entered into a lease agreement with the effect that the delayed rate of 24% per annum is applied to the overdue lease fee (hereinafter “the second lease agreement of this case”). However, on August 30, 201, the lease period of 56 months was changed.
(3) The Defendant jointly and severally guaranteed the obligation to be borne by the non-party company to the Plaintiff under each of the instant lease agreements.
(4) On August 30, 2012, the Plaintiff notified the non-party company of the termination of each of the above lease agreements, when the non-party company did not pay the lease fees under the above lease agreement.
(5) At the time of August 1, 2017, the principal and interest on the overdue loan under the instant first lease agreement, which the non-party company is obligated to pay to the Plaintiff, is KRW 65,074,345, and the principal on the overdue loan, KRW 29,17,503, and the principal on the overdue loan under the instant second lease agreement, are KRW 26,584,497, and the interest on the overdue loan under the instant second lease agreement, KRW 11,975,685.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
B. According to the above facts of determination, the defendant who jointly and severally guaranteed the debt of the non-party company is KRW 91,658,842 (= KRW 65,074,345, KRW 26,584,497) and its amount.