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(영문) 청주지방법원제천지원 2014.06.18 2013가단5325
사용료
Text

1. The defendant shall pay 10,654,560 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. From February 28, 2009, the Plaintiff entered into an industrial power supply contract with B and supplied electricity to B.

B. A Co., Ltd. (B) was declared bankrupt on November 5, 2013, following the rehabilitation procedure at the Cheongju District Court due to the aggravation of business management, and did not pay the Plaintiff the electricity fee.

C. On September 24, 2013, the Defendant, the representative director of the Company B, prepared a memorandum of the payment of electricity charges with the purport of promising the Plaintiff not to raise any objection against the Plaintiff’s power supply, the payment of deposit, and compulsory execution when the overdue electricity fee exceeds three months with respect to the Plaintiff’s use of electricity by B. D.

On October 10, 2013, the Defendant provided a joint and several surety to the Plaintiff for the period from October 10, 2013 to October 9, 2015 with respect to the electric utility charges against the Plaintiff.

E. From October 10, 2013 to February 28, 2014, the obligation to pay electricity to the Plaintiff of the Company B is KRW 10,654,560.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts, the defendant, a joint guarantor, is obligated to pay 10,654,560 won to the plaintiff as a joint guarantor.

Around August 2013, the Defendant alleged to the effect that, although the Defendant demanded the Plaintiff to cut power and supply only electric power for electric light, it is unreasonable to impose approximately KRW 10,00,000 on the Plaintiff as the Plaintiff did not perform this, the Defendant prepared a letter of payment of electric charges on September 24, 2013, and jointly and severally guaranteed the Plaintiff’s obligation to pay electric charges to the Plaintiff on October 10, 2013. Even if the Defendant alleged the above facts, the Defendant subsequently accepted it and jointly guaranteed the Defendant’s obligation to pay electric charges to the Plaintiff, thereby affecting the Defendant’s joint and several liability obligations against the Plaintiff.

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