beta
Text
1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from November 12, 2015 to the date of full payment.
Reasons
1. Basic facts
A. From September 29, 2011, the Plaintiff concluded a high-tension electricity supply contract with B for industrial use, and supplied electricity to B.
B. On September 29, 2011, the Defendant jointly and severally and severally guaranteed the obligation to pay the above electricity charges to the Plaintiff in B, with the content of “Joint and Several Guarantee Period: from September 29, 2011 to September 29, 2016; the maximum amount of the guaranteed obligation: 25,000,000 won.”
C. From September 30, 201 to April 30, 2015, B’s unpaid electrical charge obligation to the Plaintiff is KRW 34,813,460.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant, a joint guarantor, is obligated to pay the Plaintiff the amount of KRW 25,00,000,000, which is the limit of guarantee, among the electrical charge obligations against the Plaintiff, and the damages for delay calculated at the rate of 15% per annum from November 12, 2015 to the day of full payment after the original copy of the instant payment order was served on the Defendant, as requested by the Plaintiff.
B. The defendant asserts to the effect that “the fact of guarantee is not known” through a written objection against the original payment order.
However, since the "joint guarantee certificate" contains the name and seal of the defendant, which appears to be the defendant's signature and seal, and the certificate of personal seal impression issued by the defendant is attached to the joint guarantee certificate, and the authenticity of the joint and several guarantee certificate, which is the disposal document, is recognized, and the above assertion by the defendant is not accepted.
(3) If the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed as they are without merit. The plaintiff's claim is dismissed as it is without merit.