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1. The defendant shall pay to the plaintiff the amount of KRW 83,648,66 and KRW 74,047,80 among them, from February 15, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 20, 201, the Plaintiff entered into a lease agreement with B (hereinafter “B”) with regard to four machine learning centers (36 months from July 20, 201, 201, acquisition cost of KRW 290,000,000, lease deposit amount of KRW 58,000,000, lease fee of KRW 7,540,450, lease fee of KRW 7,540,450 (one-time payment, but the first one is 8,16,47, and 25%).
B. At the time, the Defendant, who was the representative director B, concluded a joint and several guarantee agreement with the Plaintiff regarding the obligation under the instant lease agreement at the maximum amount of KRW 377,00,000 and the guarantee period of KRW 39 months (hereinafter “instant guarantee agreement”).
C. The instant lease agreement was later terminated as late as arrears of the rent of B, and as of November 14, 2014, the unpaid rent of the instant lease agreement is KRW 74,047,80,08 and the total damages for delay of the unpaid rent is KRW 9,636,358.
[Ground of recognition] Facts without dispute, Gap's 1, 2, 5, 7 (including each number; hereinafter the same shall apply), 10, 11, 13, 14, and 15; the witness Eul's testimony and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 83,648,866 won, as claimed by the Plaintiff, and 74,047,808 won, which is the unpaid lease fee, from February 15, 2014 to the date of full payment, with 25% interest per annum from February 15, 2014.
3. Judgment on the defendant's assertion
A. The non-existence and invalidation of the instant guarantee agreement 1 Defendant was the most important part of the instant contract at the time of the instant guarantee agreement, and both the “maximum amount of the guarantee obligation” and the “period of guarantee” were blanks, and thus, the contract itself was not established due to the significant defects in the contract, or the contract was concluded.