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1. The Defendant shall pay to the Plaintiff KRW 86,195,744 as well as 30% per annum from May 9, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On June 2, 2017, the Plaintiff leased temporary materials, such as water pumps, to D with D (hereinafter “D”) by the end of the month following the supply of the temporary materials, and D shall pay the Plaintiff rent by the end of the month following the supply of the temporary materials. However, upon delay, D entered into a lease agreement on the instant lease agreement to pay damages for delay calculated at the rate of 30% per annum for accounts payable (hereinafter “instant lease agreement”), and leased the temporary materials to the “construction site of a factory in the population E in the human population” (hereinafter “instant site”).
B. On the other hand, the instant lease agreement (No. 1) states that the Defendant’s obligation to pay materials rent to the Plaintiff under the instant lease agreement is a joint and several guarantee.
C. From June 2, 2017 to January 26, 2018, the Plaintiff supplied temporary materials to the instant site. The rent for the materials that was not paid as of May 2, 2018 is KRW 86,195,744 (including value-added tax).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings
2. As to whether the Defendant is liable for joint and several sureties under the instant lease agreement, the Defendant asserts to the effect that the Defendant is not capable of evidence since F, who is the actual operator of D, stolen the seal of the Defendant without authority, is forged.
However, since there is no dispute over the Defendant’s seal image of the instant lease agreement, the authenticity of the entire document is presumed to have been established, and there is no evidence to deem that F has forged the Defendant’s name as alleged by the Defendant.
Rather, according to the facts acknowledged earlier and the evidence revealed earlier, the Defendant is not liable as of October 31, 2017 to the Plaintiff on November 27, 2017 on the premise that the Defendant jointly and severally guaranteed the obligation of the instant materials rent.