물품대금 등
1. The Defendants jointly and severally committed against the Plaintiff KRW 36,318,00 and as to Defendant C from July 29, 2017. < Amended by Act No. 15535, Jul. 29, 2018>
1. Chief;
A. The Plaintiff’s assertion 1 party is a corporation that produces and sells pipes materials, etc.; Defendant C, as a joint business proprietor on May 30, 2017, registered a wholesale and retail business with the trade name of Nonparty E and Defendant C, as a joint business proprietor on May 30, 2017, and registered the business of wholesale and retail business of goods for living, etc.,
6. 9. A person who has corrected his/her business registration as a sole business operator, and Defendant D Co., Ltd. (hereinafter referred to as Defendant D) is a company which has issued a written payment guarantee regarding the obligation of piping material transactions arising between the Plaintiff and the said F.
2) On November 2016, the Plaintiff traded piping materials with the trade name of “F” and “F”, and the transaction price was KRW 36,318,00,00. On January 5, 2017, the Plaintiff endorsed and delivered to the Plaintiff a promissory note with KRW 40 million issued by G for the payment of the said transaction price. Upon the settlement of the said note, the Plaintiff again endorsed the promissory note with KRW 40,00,000 issued by H and delivered to the Plaintiff.
However, Promissory Notes issued by H was also treated as default upon the expiration of the time limit for presentation.
B) On July 14, 2017, Defendant C, who is a sole business operator of F, issued a written payment guarantee issued by Defendant D to the Plaintiff for the payment of the above KRW 40 million amount of goods. C) Accordingly, Defendant C agreed to pay the above transaction price obligation. Defendant D guaranteed the payment guarantee against the above transaction price, and the Defendants are jointly and severally liable to pay the amount stated in the claim.
B. The Defendant’s assertion that the transaction price claimed by the Plaintiff is due to the transaction with the above E, and thus, Defendant C is not liable, and the payment guarantee issued by Defendant C is merely for the purpose of dealing with the Plaintiff, not for the promise to pay the above transaction price obligations, and the guarantee period of the payment guarantee is from July 14, 2017 to July 13, 2018, and thus, it is not irrelevant to the obligation of the above transaction price.
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