구상금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of all pleadings.
① Around January 29, 2015, Defendant B entered into the instant sales contract with China’s Dlimited company (hereinafter “Dlimited company”) as soon as possible as follows (hereinafter “instant sales contract”). At the time, the Plaintiff and Defendant C guaranteed the Defendant B’s obligations under the instant sales contract.
1. The non-party company provides the defendant B with 360 tons of freezing as soon as possible, and the settlement term for the amount shall be one month after each time of customs clearance of the goods.
2.The value of 360 tons of cargo shall be determined after both sides on the basis of the market value in Korea after the cargo has been sent and constructed in Korea.
4. If Defendant B (Plaintiff and Defendant C) fails to pay the amount within the fixed time limit, the surety (Plaintiff and Defendant C) shall pay that amount.
② Pursuant to the instant contract, Nonparty Company supplied Defendant B with 120 tons in freezing as soon as possible on February 13, 2015, and 120 tons in freezing as soon as possible on March 6, 2015, respectively.
③ Defendant B paid USD 107,993 (hereinafter “$”) in total to the Nonparty Company as follows, with the 240 tons of freezing supplied by the Nonparty Company as soon as possible, the sum of USD 107,993 (hereinafter “$”) was paid to the Nonparty Company.
Date (based on the date of remittance) paid ($13,00 on February 13, 2015, 200, March 21, 2015; 36,793 April 21, 2015; 28,000 on July 28, 2015; 107,93 in total, 17,200 on August 17, 2015;
2. The plaintiff's assertion that the non-party company supplied to the defendant Eul was 271,320,000 won for freezing 240 tons, which the non-party company supplied to the defendant Eul. Since the amount paid by the defendant Eul to the non-party company was KRW 121,816,104 (based on the exchange rate claimed by the defendant), the defendant Eul not paid KRW 149,503,896 to the non-party company.
Accordingly, the non-party company was liable to guarantee the plaintiff. Accordingly, on February 5, 2017, the plaintiff was 60.