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(영문) 서울중앙지방법원 2019.02.19 2018가단5153776
임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 121,165,238 and the interest rate of KRW 15% per annum from June 5, 2018 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 7 as to the cause of the claim, the plaintiff entered into a lease contract with C Co., Ltd. (hereinafter "C") on July 21, 2017 with regard to "Dratty Construction". The defendant jointly and severally guaranteed C's obligation to pay rent. The plaintiff entered into a lease contract with C on October 11, 2017 with regard to the same construction work as C (hereinafter "the above two lease contract"), and the defendant jointly and severally guaranteed C's obligation to pay rent, and the rent is paid within 30 days after the end of each of the lease contracts of this case, and it is recognized that the sum of rent charges accrued from September 2017 to January 1, 2018 under each of the lease contracts of this case and the fact that the lease contract of this case is recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 121,165,238 as well as damages for delay calculated at the rate of 15% per annum from June 5, 2018 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

2. The defendant's assertion that the defendant's signature is not a joint and several guarantee even if signed, and the plaintiff's employee and C representative director's remarks were signed in the column of joint and several guarantee in each of the rental agreements of this case. If the plaintiff's employee was put on telephone and processed as a joint and several guarantee, the defendant demanded to hand back the documents. The defendant sent his resident registration certificate to C for other reasons before signing in each of the lease agreements of this case. The defendant stated that each of the lease agreements of this case was accompanied by the defendant's resident registration certificate, and that there was no obligation to pay the joint and several guarantee money.

The plaintiff, the plaintiff's employee, or C representative director are each of the instant cases.

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