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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On October 2, 2015, D Co., Ltd. (hereinafter “D”) entered into a contract for leasing construction materials to B on E-site (hereinafter “instant lease agreement”) and stipulated that the rent shall be paid according to the lease rate, quantity, and the number of days of use by each material.
At the time of concluding the instant lease agreement, the Defendant jointly and severally guaranteed B’s obligation to pay rent (hereinafter “instant rent”).
B. The unpaid rent for BD under the instant lease agreement is KRW 57,159,835 as of April 30, 2017.
C. On May 17, 2017, D transferred the claim for the instant rent amounting to KRW 57,159,235 to the Plaintiff. On June 12, 2017, D notified B and the Defendant of the fact of the said assignment by content-certified mail, and the said notification reached B and the Defendant each time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the above facts, as a joint and several surety for the payment of the instant rent, the Defendant is jointly and severally liable to pay the Plaintiff, the assignee of the instant rent claim, KRW 57,159,835, and any delay damages calculated at the rate of 5% per annum under the Civil Act from May 18, 2017 to August 11, 2017, which is obviously indicated in the record that the Defendant’s delivery date of the copy of the complaint of this case is the delivery date of the Defendant’s delivery date of the copy of the complaint of this case.
B. On the other hand, the defendant asserts that since the defendant filed a lawsuit of the same nature of the claim for transfer money, there is room to transfer the claim for the instant rent in duplicate D, and thus, it cannot respond to the plaintiff's claim.
In full view of the evidence No. 1 written in No. 1, there is a number of claims against B and the Defendant for monetary payment.