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(영문) 의정부지방법원 2015.08.21 2014가단115735
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,302,560 as well as 20% per annum from August 23, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 24, 2002, the Defendant leased the above land to the non-party M& industry Co., Ltd. (hereinafter “non-party company”) as the owner of B 3759 square meters, C 92 square meters, C 919 square meters, D 2003 square meters, and B 1762 square meters prior to E, and the non-party company obtained the aggregate extraction permission on January 24, 2002, and engaged in aggregate extraction and sorting business in the above land.

B. (1) On September 30, 2004, the non-party company filed an application with the Plaintiff for the electric use of the existing contract power to extend 515kW to 815kW. Since the owner and the user are different in accordance with the terms and conditions of the Plaintiff’s electric supply, the owner’s guarantee of the electric utility fee is required, the non-party company received a seal imprint and a certificate from the Defendant.

(2) The non-party company entered the name of the defendant in the column of the "joint and several several surety note" stating that all obligations under the terms and conditions of supply, such as electricity charges used in the name of the user, such as electricity charges, will be guaranteed by the principal to assume the joint and several surety responsibility" on the back of the application for the use of electricity, and affixed the defendant's seal impression issued by the defendant as above (hereinafter "joint and several surety note"), and submitted the above application to the plaintiff along with the defendant's certificate of seal impression.

C. While being supplied with electricity by the Plaintiff, Nonparty Company did not pay the total of 61,302,560 won claimed from November 201 to April 2014.

The terms and conditions of electricity supply for the plaintiff in relation to this case are as follows.

Article 8 [Application for Use of Electricity] (1) If a customer wishes to use new electricity or to change the use of electricity, he/she shall consent this terms and conditions in advance.

(2) The application for electricity use shall be made in the name of the owner by stating the necessary matters in the application form set forth above.

In such cases, the customer may file an application with him/her prior to visit or by mail, facsimile, etc.

(b).

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