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(영문) 부산지방법원 2017.11.28 2017가단327702
사용료
Text

1. The Defendant shall jointly pay to the Plaintiff KRW 35,857,520 with Company B and shall pay to the Plaintiff full payment from July 25, 2017.

Reasons

1. Determination on the cause of the claim

A. The authenticity of the joint and several surety is denied by asserting that there is no joint and several surety that the defendant had been jointly and severally guaranteed. However, considering the fact that the stamp image affixed following the defendant's name appears to be the same as the stamp image affixed on the written reply submitted by the defendant, and that the defendant attached a certificate of the personal seal impression issued on January 19, 2015 after the joint and several surety certificate, the authenticity of the joint and several surety certificate may be established, 7, and 8, the overall purport of the arguments are as follows: ① the plaintiff entered into an electric use contract with B Co., Ltd. (hereinafter "B") on November 9, 2010 and B on the supply of electricity to be used in Busan Jin-gu, Busan; ② the defendant entered into the guarantee contract with the plaintiff on February 4, 2015 with the plaintiff during the guarantee period from 50,000,0000,000 won, to 35,2017 to 27,2017.

B. According to the above facts, the defendant is jointly and severally obligated to pay to the plaintiff 35,857,520 won and damages for delay caused by the delay of the joint and several debt itself, with 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 25, 2017 to the day of full payment after the service of the original copy of the instant payment order to the plaintiff.

2. In conclusion, the plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition.

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