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1. The Plaintiff:
(a) Defendant B’s KRW 50,076,790 and for this, KRW 5% per annum from September 12, 2014 to February 10, 2015.
Reasons
1. Basic facts
A. (A) On January 7, 2011, the Plaintiff entered into an agreement on the supply of electricity with Defendant B and Defendant A on the instant building located outside C and four lots (hereinafter “instant building”), and supplied electricity from that time. (b) On January 7, 2013, the Plaintiff entered into a power supply contract with Defendant A’s mother D, who operated a restaurant at the instant building, and supplied electricity to the instant building around that time.
B. Defendant A, the owner of the instant building, jointly and severally guaranteed the Defendant B’s obligation to pay electricity to the Plaintiff at the time when the Plaintiff entered into the said electricity supply contract with Defendant B, but on March 21, 2013, the Plaintiff and Defendant B changed the joint and several surety contract with the content that the maximum amount of the guaranteed obligation out of the electricity usage fee to the Plaintiff and Defendant B’s obligation to the Plaintiff was set from March 21, 2013 to March 20, 2015. (B) On March 21, 2013, the maximum amount of the guaranteed obligation out of the electricity usage fee’s obligation to the Plaintiff was set as 6,30,000,000, and the guarantee period was set as 6,30,000,000, from March 21, 2013 to March 20, 2015.
When concluding the above joint and several guarantee contract, Defendant A attached a certificate of personal seal impression directly issued on March 14, 2013.
C. Defendant B supplied electricity from the Plaintiff and operated a swimming pool and bath with business registration as “E” from May 27, 2010 on the instant building, and did not pay electricity usage fees of KRW 50,076,790 (including delayed fees) in total from November 27, 2013 to April 2014.
In addition, Defendant A’s mother D supplied electricity from the Plaintiff and operated a restaurant on the instant building, and delayed the payment of the electricity fee of KRW 1,951,60 in total from December 2, 2013 to April 2014.
【Fact that there has been no dispute, entry in Gap 1 through 5 (including each number), the purport of the whole pleadings.
2. The assertion and judgment
A. If so, the plaintiff (A) the defendant B did not pay the above electric utility fee of KRW 50,076,790, and the amendment of the purport of the claim to the plaintiff.