사용료
1. The defendant shall pay 69,300,000 won to the plaintiff and 15% per annum from February 8, 2019 to the day of complete payment.
Comprehensively taking account of the overall purport of the arguments in subparagraphs A and C, the Defendant is recognized to have established the guarantee limit of the electric utility fee of the Co., Ltd. (hereinafter referred to as “Non-Party Company”) for the Plaintiff as KRW 69,30,000, and the joint and several surety period from March 28, 2018 to March 27, 2020. The fact that the electric utility fee of the Non-Party Company was 189,270,830 from September 28, 2018 to December 2018.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 8, 2019 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff, as the limit of 69,300,000 won and its payment date.
In regard to this, the defendant asserts that the plaintiff did not endeavor to recover the electricity fee from the non-party company, which is the principal debtor, and that it is unreasonable to request the defendant to immediately pay the electricity fee. However, the joint guarantor does not have the right of peremptory and search defenses to first claim the principal debtor and to enforce the property (the proviso to Article 437 of the Civil Act). The plaintiff can claim the performance of the guaranteed obligation to the defendant regardless of whether or not the non-party company has
The plaintiff's claim of this case is justified and accepted.