beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 2, Gap evidence Nos. 5-1 through 22, and Gap evidence No. 8, the plaintiff is running a temporary re-lease business. The defendant is actually operating Eul as the husband of D, the representative director of Eul Co., Ltd. (hereinafter "C"), and the plaintiff requested for the lease of temporary materials from Eul, etc. around 2013, the plaintiff leased the temporary materials to Eul's construction site. The plaintiff leased the temporary materials as above, and the rent for the temporary materials which was not paid reaches KRW 8,757,000, the plaintiff was paid for KRW 8,757,000 from Jan. 15, 2014 to March 30, 2014, the defendant was prepared and delivered a letter of payment (hereinafter "the payment note of this case") with the signature and seal affixed by the guarantor of this case.
B. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 6,757,00,000 remaining after subtracting the amount of KRW 2,00,000 that the Plaintiff had been paid from the above 8,757,000, as the guarantor of the obligation to pay temporary rents to the Plaintiff under the letter of claim for payment of this case, and to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 31, 2014, the date following the agreed payment date, until February 12, 2015, clearly stating that the purport of this case and the application for change of the cause thereof are served to the Defendant, as the date the Plaintiff seeks, from March 31, 2014.
2. The defendant's defense is a defense that the defendant's judgment against the plaintiff, E, etc. guarantees C's obligation to pay temporary rents to the plaintiff according to C's letter of rejection of payment of this case due to deception or error. However, it is proved that C's above guarantee agreement is revoked, but Eul's evidence Nos. 1 through 5, and Eul.