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(영문) 청주지방법원 2019.02.21 2018나10242

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

The defendant's Cheongju District Court is the Cheongju District Court for the plaintiff.

Reasons

1. Basic facts (joint guarantee contract);

1. (Goods) The terms and conditions of payment: A deposit in advance of KRW 25 million, cash deposit after issuing a statement of KRW 50 million, and a deposit in cash; 6.(Prohibition of Substitute Payments) the standard for the agreement; the money for goods shall be jointly and severally liable to the parties and joint guarantors for the obligations incurred in the future or in the future, and if the terms and conditions of the payment of the goods are violated, the benefit arising from the deadline held by the parties shall be lost;

[Won 25,00,000 won (Won 25,000,000) in supplying D and ready-mixeds, and supply won won won won won won won won won won won won won won won won won won won won won won won won won won W

(bb) Provided, That D shall deliver the service contract for ready-mixed supply requested by C (Defendant) after obtaining the signature of the joint and several sureties;

(a).

On September 9, 2005, the Defendant (C Co., Ltd.) entered into an agreement on the supply of ready-mixed with D Co., Ltd. (hereinafter “D”) (hereinafter “instant agreement”), and on September 11, 2005, the Plaintiff jointly and severally guaranteed D’s obligation to supply ready-mixed (hereinafter “joint and several guarantee agreement”), and the details of the instant joint and several guarantee agreement and the instant agreement are as follows.

B. The Defendant filed an application with the Cheongju District Court for the payment order claiming payment of KRW 15,537,912 of credit sales amount under the above contract against the Plaintiff and D as Cheongju District Court 2008Ra478, Cheongju District Court 2008, and the above payment order was issued on July 10, 2008. However, the above payment order was finalized on August 7, 2008 on the 22th of the same month because the Plaintiff was served with the above payment order on August 7, 2008 and did not raise any objection thereto.

(hereinafter “instant payment order”). Meanwhile, D, on August 1, 2008, raised an objection to the said payment order, but D, on November 20, 2008, won the judgment of the Defendant on November 20, 2008 in the same court 2008da6956.