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(영문) 수원지방법원성남지원 2020.03.06 2018가단238413
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 48,644,302 and KRW 48,584,440 among them, from March 28, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 21, 2017, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) with the Defendant, a representative director, to lease monthly rent of KRW 3,493,600 (annual interest rate of KRW 24%) to KRW 3,493,600 (annual interest rate of KRW 24%).

B. The information column, which is the joint and several sureties's joint and several sureties's joint and several sureties submitted to the Plaintiff (hereinafter "joint and several sureties') along with the above lease contract, includes the defendant's personal information that the defendant can receive, the defendant's name is written in the joint and several sureties'

C. The primary debtor did not pay rent several times thereafter, and on October 23, 2018, the Plaintiff notified the primary debtor and the Defendant of the termination of the instant lease agreement, respectively, and received the return of the said vehicle on March 8, 2019.

The principal obligor’s obligation to the Plaintiff under the instant lease agreement is KRW 48,644,302 as of March 27, 2019, and the details are as follows.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 16 (including the serial number), the purport of the whole pleadings

2. The plaintiff asserts that the defendant is liable for joint and several sureties for the lease contract of this case, and the defendant asserts that the joint and several sureties of this case is not prepared and effective regardless of his will.

In light of the results of appraisal by the appraiser I and the result of appraisal by the appraiser I, the pen of the joint and several surety of this case, which is written in the joint and several surety of this case, can be seen as not the body of the defendant.

However, the following circumstances, which can be recognized by integrating the purpose of the entire pleadings in the statements Nos. 2, 6, 12, and 14, are as follows: ① the defendant’s seal affixed on the joint and several surety of this case is identical to the defendant’s seal affixed on the defendant’s seal impression; ② the seal affixed on the document’s personal seal affixed on the document’s personal seal affixed on it.

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