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(영문) 춘천지방법원 2014.12.24 2014가합543

보증채무금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking into account the purport of evidence evidence No. 1 of the judgment as to the cause of the claim, as a whole, the Plaintiff operating C Co., Ltd. (hereinafter “C”) with E on December 13, 2013, E Co., Ltd. (hereinafter “D”), with respect to KRW 134,291,640, which is the material price that D shall pay to the Plaintiff; KRW 120,122,02,03, which is the material price that D shall be paid to the Plaintiff; KRW 14,169,617, as for KRW 14,617, June 14, 2012 to the Plaintiff, and KRW 35% of the guaranteed obligation of the E Co., Ltd., Ltd. (hereinafter “E”), the Defendant shall prepare an amount equivalent to the guaranteed obligation of KRW 35% of the amount calculated by the rate of each of the above 20% from the following day to the date of full payment, and the Defendant shall have to pay the remainder of the E Co. 1360,30.

2. Judgment on the defendant's defense

A. The Defendant did not perform the duty of rescission of attachment under the opposite contractual obligation under the instant agreement and the guarantee agreement. Accordingly, the Defendant, through the preparatory document dated August 29, 2014, declared the Plaintiff to cancel the instant guarantee agreement on the grounds of the Plaintiff’s non-performance of opposite contractual obligation. Accordingly, the Defendant’s defense to the effect that the obligation under the instant guarantee agreement cannot be fulfilled to the Plaintiff.

B. In full view of the above-mentioned evidence, Gap evidence and evidence Nos. 2 and 4, and witness E's testimony, C above.