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(영문) 인천지방법원 2015.12.10 2015가합57153
보증채무금
Text

1. The Defendants are jointly and severally 369,836,209 won and 20% per annum from May 12, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On May 31, 2012, the Plaintiff entered into a lease agreement with B to lease the factory site and building located in Kimpo-si, Kimpo-si (hereinafter “instant real estate”) to B (hereinafter “instant lease agreement”).

B. B, on June 10, 2014 between the Plaintiff and the Plaintiff on May 31, 2014, determined the rent in arrears as KRW 188,36,209, and deposited part of the said money to the Plaintiff until the end of June 2014. The remainder shall be paid by the end of December, 2014, and the remainder shall be paid in full, but the rent after June 1, 2014 shall be determined and settled separately (hereinafter “instant agreement”). The Defendants were liable to pay the rent in arrears under the instant agreement.

C. B did not pay the rent in arrears on the date of payment stipulated in the instant agreement, and the rent after June 1, 2014 is not paid until the date of closing the argument in the instant case.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above findings of determination, the Defendants jointly and severally liable to pay to the Plaintiff the unpaid rent of KRW 188,336,209 and the unpaid rent of KRW 181,50,00 from June 1, 2014 to April 30, 2015 under the instant agreement (i.e., KRW 16,50,000 x 11 month) plus KRW 369,836,209, the following day following the delivery of the original copy of the instant payment order, and the statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the main sentence of Article 3 (1) of the same Act (wholly amended by Presidential Decree No. 2653, Sep. 25, 2015; Da 15, 2015) with 369,836,209,000 per annum from the following day after the delivery of the original copy of the instant payment order.

Meanwhile, even after October 1, 2015, the Plaintiff claimed damages for delay at the rate of 20% per annum. However, the Presidential Decree of September 25, 2015.

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