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(영문) 부산지방법원서부지원 2019.01.09 2018가단104861
기타(금전)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 29,939,100 and the interest rate thereon from May 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 4, 2016, the Plaintiff concluded a lease agreement between Defendant B and Busan (hereinafter “instant lease agreement”) to rent KRW 20,000,000 as lease deposit and KRW 4,00,00 as monthly rent (hereinafter “instant lease agreement”).

B. On September 15, 2017, Defendant C drafted a letter and a performance certificate (hereinafter “instant letter”) stating that the Plaintiff is jointly and severally liable for the payment of KRW 29,939,100 in total, including unpaid rents, to the Plaintiff.

The Plaintiff and Defendant B terminated the instant lease agreement around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 30,015,580, including the unpaid rents, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 3, 2018 to the date of full payment, as the Plaintiff seeks.

3. Judgment on the defendants' assertion

A. As to the Defendant B’s assertion, the Defendant asserted to the effect that, although the Defendant, who is his identification card and seal, did not enter into a lease agreement with the Plaintiff, the Defendant did not enter into the instant lease agreement with the Plaintiff. However, it is recognized that the Defendant entered into the instant lease agreement with the Plaintiff as seen earlier.

Therefore, the above defendant's assertion is not correct.

B. The defendant's assertion as to the defendant C is alleged to the effect that since each letter of this case was prepared by force, it is not effective, but there is no evidence to acknowledge it.

Therefore, the above defendant's assertion is not correct.

4. The conclusion is that the plaintiff's claim against the defendants is legitimate, and it is so decided as per Disposition.

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