beta
Text
1. The Defendant shall pay to the Plaintiff KRW 136,632,801 and interest rate of KRW 24% per annum from April 27, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On June 30, 2015, the Plaintiff entered into an agreement with B Co., Ltd. (hereinafter “B”) on the condition that the temperature control mechanism, such as air conditioners, shall be set at 24 months (from June 30, 2015 to July 5, 2017), monthly payments of KRW 7,083,333, siren deposit of KRW 18,700,000, annual damages for delay, KRW 24%, annual damages for late termination penalty, and KRW 102% of rental fees for late termination penalty (hereinafter “the instant siren agreement”). The Defendant, the representative director of B, jointly and severally guaranteed the obligation under the said siren agreement.
B. B paid the sirens under the instant sirens agreement up to four times, and lost the benefit of time by failing to pay the sirens from January 5, 2016, and the Plaintiff terminated the instant sirens agreement on March 16, 2016 on the ground that B’s sirens were long-term stay, etc.
C. As of April 26, 2016, the termination settlement amount to be paid by B to the Plaintiff due to the termination of the instant siren agreement is KRW 136,632,801 (the amount obtained by deducting the siren deposit from the sum of the remainingene charges, late payment charges, repayment fees, surcharges, surcharges, unpaid surcharges, and unpaid surcharges).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 11, and 12 [the defendant is disputing Gap evidence Nos. 2 (Beeren Lease)]. However, according to Gap evidence No. 9, the plaintiff's counsel staff's telephone for confirmation of the conclusion of the siren agreement of this case was found to have been prepared and signed by the defendant himself/herself. Thus, the above evidence No. 2 can be acknowledged as the authenticity of the above evidence No. 2]. The purport of the whole pleadings is as follows.
2. According to the above facts of determination, as a joint and several surety of B, the Defendant is obligated to pay the Plaintiff the amount of KRW 136,632,801 terminated settlement and the damages for delay calculated at the rate of 24% per annum from April 27, 2016 to the date of complete payment, barring any special circumstances.
On the other hand, the Defendant did not actually install air conditioners, etc. under the instant siren agreement in the B factory.