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(영문) 부산지방법원 2015.06.12 2015가단206757
보증채무금
Text

1. As to KRW 21,50,000 and KRW 20,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 26, 2014 to June 12, 2015.

Reasons

1. Facts of recognition;

A. On December 26, 2013, the Plaintiff entered into an agreement with B on December 26, 2013, regarding part of the seventh floor of the Suwon-si and the seventh floor of the building on three lots (hereinafter “instant building”). If the Plaintiff paid KRW 20 million to B with a security deposit, B used the said building for profit-making business and paid KRW 50,000 per month to the Plaintiff as profits, but in the form, the Plaintiff leased the said building from B the deposit for the lease of KRW 20,000,000,000,000,000 won per month, and again, made a contract with B setting up a monthly lease deposit for KRW 50,000,000 (hereinafter “instant investment agreement”).

B. On the same day, the Defendant (Co., Ltd.) issued a guarantee letter (hereinafter “instant guarantee letter”) stating that the said deposit and monthly profit payment obligation against the Plaintiff in B, based on the instant investment agreement, amounting to KRW 26 million guaranteed, period from December 26, 2013 to December 25, 2014, and the period for the performance of the guaranteed obligation is within three days after the expiration of the guarantee period (hereinafter “instant guarantee letter”).

C. The Plaintiff paid KRW 200,000,000 on the same day and KRW 18,000 on the following day to B as the security deposit under the instant investment agreement.

B paid 500,000 won per month to the Plaintiff from January 2014 to September, 2014, and did not pay monthly profits from October 2014, and did not return the deposit.

E. Accordingly, on December 1, 2014 and January 28, 2015, the Plaintiff sent to the Defendant a certificate of content that calls for the payment of deposit and monthly income, on the grounds that B did not pay monthly income as above and the deposit is not returned. As such, the Plaintiff sent a certificate of content that calls for the payment of deposit and monthly income.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant, barring special circumstances, shall provide the Plaintiff with the monthly income from October 2014 to December 12, 201, as stipulated in the letter of guarantee of this case.

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