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(영문) 수원지방법원안양지원 2019.08.22 2018가단5339
렌트료보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-3.

On March 2017, the Plaintiff entered into a contract with E Co., Ltd. (hereinafter “E”) to lend a car “Neow” at KRW 1,748,120 (hereinafter “instant siren”). The term “joint guarantor” of the contract is signed and sealed in the name of the Defendant.

(The maximum amount shall be KRW 10,570,000). (b)

E delayed payment of the principal and interest under the instant siren contract, and the amount of debt as of June 1, 2018 as of June 1, 2018 is KRW 49,102,261 in total, including the principal and interest (including delay interest), KRW 46,132,112 in total, KRW 2,970,149 in total, and the rate of delay damages for the subsequent contract thereafter is KRW 25% per annum.

2. The assertion and judgment

A. The summary of the party’s assertion (1) The Plaintiff directly confirmed the Defendant’s intent of joint and several sureties through a mobile phone identity certification, etc. at the time when the Plaintiff entered into the instant siren contract.

In addition, when an employee in charge of the Plaintiff Company notified the Defendant of the fact by means of mobile phone text messages after the conclusion of the instant siren contract, the Defendant made an implied ratification of the joint and several surety regarding the instant siren contract by notifying the said employee of the fact that some of the overdue charges have been paid to the said employee and informing the Defendant of the disposal of the vehicle collection request,

In addition, even if G et al. forged the signature and seal in the name of the defendant in the “joint guarantor” column of the instant rental contract, the defendant provided G et al. with the name of the representative director and documents related thereto, and aided and abetted such unlawful act, and thus, as a joint tortfeasor, the plaintiff is liable to compensate the plaintiff for damages equivalent to the principal and interest of the rental fee.

(2) At the request of Defendant G and H, the Defendant shall establish E.

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