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(영문) 서울동부지방법원 2018.03.09 2017가단125505
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 43,329,00 and KRW 39,567,40 among them, from May 28, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiff is a manager entrusted with the authority to collect management fees and delegated with the authority to manage the instant condominiums entrusted by the C Management Body consisting of all sectional owners of the Seoul Gwangjin-gu Condominium Group (hereinafter “instant condominiums”).

(2) The Defendant asserted that the amount of the claim should be adjusted since the Defendant used only the 22th floor, not the entire 22th floor but only the 22th floor, which was made on the first date for pleading, in the written notice of payment order as stated on the first date for pleading.

However, according to the evidence evidence evidence No. 4, the lessee of the 22th through 17 units of the 22th floor of the D Co., Ltd. (the details of the unpaid management expenses of the evidence No. 6 and the evidence No. 1, No. 22th floor of the evidence No. 1, No. 22th floor referred to the 22th floor), the above circumstances are only the internal circumstances of the D Co., Ltd., and the performance angle is also written in the 22th floor of the 22th floor.

On February 22, 2017, the Plaintiff, as the representative director of D Co., Ltd., the lessee, agreed to jointly pay the unpaid management expenses for the above heading rooms from December 22, 2016 to January 2017, 28,295,280 won, and the unpaid management expenses (management expenses are imposed on the 15th day of the following month) to February 2017, and prepared and issued a letter of performance to the Plaintiff.

(3) As of April 10, 2017, the unpaid management expenses from December 2016 to February 2017 for the 222th floor are the principal amounting to KRW 39,567,40, late payment charges, KRW 3,761,60, and KRW 43,329,000.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 6, purport of the whole pleadings】

B. According to the above facts of recognition as to the cause of the claim, the defendant, who is a joint guarantor of the plaintiff of the corporation D, is the joint guarantor of the management expenses incurred by the plaintiff of the corporation D, in total of KRW 43,329,00, and the principal of the management expenses and KRW 39,567,400 among them.

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