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1. The Defendant shall pay to the Plaintiff KRW 54,061,772 and the interest rate of KRW 15% per annum from September 21, 2017 to the day of full payment.
Reasons
1. The facts stated in the separate sheet of claim as to the cause of the claim do not conflict between the parties, or can be acknowledged by comprehensively taking account of the entries in Gap evidence Nos. 1 through 9 and the whole purport of pleadings.
(However, the lawsuit against B was withdrawn, and on November 21, 2017, the Plaintiff withdrawn the part demanding payment of the penalty of KRW 30 million at the date of pleading. Accordingly, the Defendant is obliged to pay the money as stated in paragraph (1) of this Article to the Plaintiff.
2. Judgment on the defendant's assertion
A. In the agreement between the plaintiff and the plaintiff, the main point of the argument is that the person who is able to stand sureties joint and several sureties with respect to the B's obligations. Upon the request of the plaintiff B, the defendant made it clear that he was the joint and several sureties with respect to the B's obligations under the above agreement, but was the bad credit holder at the time, and that he did not own
Therefore, the defendant's joint and several sureties who is not qualified as joint and several sureties is null and void, and the plaintiff's claim
B. According to the evidence No. 9 of the judgment of the court below, the agreement prepared by B while entrusting the Plaintiff with the case in which the cause of the claim was stated in the attached Form No. 9, stating that “A (referring to B) intends to put a person with re-satisfy as a joint and several surety to guarantee the performance of this agreement by the delegating Party A (referring to B).” It can be acknowledged that the
However, the phrase of the above agreement does not purport to the effect that if it is possible for the plaintiff, who is the mandatary, to demand that the defendant, who is the mandator, be able to perform the obligation under the agreement, be able to demand that the person who is not sufficient, be able to demand that the defendant be able to be able to be able to become able to become able to become able to become able to become able to become
Therefore, the defendant's assertion is accepted.