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1. The Defendant (Appointed Party) and C shall jointly and severally serve as KRW 24,93,190 on the Plaintiff and the Plaintiff from June 7, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the second floor factory of Kimpo-si D and E’s ground slabbro (hereinafter “instant building”) and the Defendant (Appointed Party) and C (hereinafter “Defendants”) operated the furniture store in the instant building as a mother and child.
B. The Plaintiff entered into a lease agreement between C and C with the content that part of the above building was leased as KRW 25,00,000, monthly rent of KRW 3,000,000 (Additional Tax). At the time of the above lease agreement, the Defendant (Appointed Party) was jointly and severally guaranteed and the Defendant (Appointed Party) entered into a lease agreement with the Defendant (Appointed Party) on the terms that part of the above building was leased as KRW 10,00,000, and as at the time of the above lease agreement, C and joint and several sureties were jointly and severally guaranteed.
C. From September 1, 2014 to December 31, 2015, the Defendants did not pay to the Plaintiff the sum of KRW 52,800,000 (=3,300,000 x 16 months) under each of the above lease agreements. ② From September 1, 2013 to June 2014, the amount of KRW 3,108,680 and the amount of KRW 4,024,510 were not paid.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 2 (including each number for a case with a serial number) and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 59,93,190 won (=52,80,000 won, KRW 3,108,680 won, KRW 4,024,510) less the total deposit amount of KRW 35,00,000,000, and for this, 24,933,190 won, and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 7, 2016 to the date of service of the original copy of the instant payment order.
3. The defendants' assertion and judgment
A. The Defendants, as they did not have any guarantee between the Plaintiff and they did not know of their meaning, are against the Plaintiff.