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1. The Defendant shall pay to the Plaintiff KRW 65,849,055 and the interest rate of KRW 15% per annum from August 24, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 13, 2015, the Plaintiff entered into a lease agreement with the Defendant stating that “the Plaintiff shall lease the building snow to the Defendant at the site of Dwork (former North Korea-gun E),” and the FF farming association jointly and severally guaranteed the Defendant’s debt on the same day.
B. From among the base rent of KRW 115,849,05 on May 1, 2017, FF agricultural partnership, a joint and several surety, paid KRW 50 million on November 30, 2016, and the present unpaid rent is KRW 65,849,05.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 to 3, purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the defendant is obligated to pay to the plaintiff 65,849,05 won and damages for delay calculated at the rate of 15% per annum from August 24, 2017 to the day of full payment, which is the day following the delivery of the complaint of this case.
B. The Defendant’s assertion 1) The Plaintiff, prior to filing the instant lawsuit, filed an application for payment order of loan claims against FF farming association corporations, and the said lawsuit is pending due to the FF farming association’s objection (former District Court 2017Gadan26951), and the instant lawsuit is deemed unfair as a double lawsuit. In order to constitute double lawsuit, the instant lawsuit requires that the subsequent lawsuit is the same as the previous lawsuit. In any aspect, the instant lawsuit does not fall under the same case as the previous lawsuit, and the Defendant’s assertion on exemption is without merit. (2) The Defendant’s assertion on exemption from liability is without merit. The Defendant: (a) concluded with FF farming association to perform construction works after being awarded a contract from FF farming association to perform construction works for offshore gas plants; and (b) waived all claims and obligations, including the rent for the new construction project; and (c) the Plaintiff, from FF farming association to receive five million won or more of the rent for the new construction project from FF farming association corporations.