beta
(영문) 수원지방법원 2020.07.02 2019나94144

보증채무금

Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the Do, retail business, etc. of electronic parts. The Defendant is the representative director of D Co., Ltd. (hereinafter “Nonindicted Company”) who is a company for the business of manufacturing electronic equipment, etc., who is the spouse of C, and a director of Nonparty Co., Ltd.

B. The Plaintiff supplied Nonparty Company with electronic parts, etc. (hereinafter “goods”) from around 2013 to December 29, 2017. The amount of unpaid goods as of December 29, 2017 is KRW 123,789,965 (hereinafter “price for the goods of 2017”). (c) On December 29, 2017, Nonparty Company and C provided the Plaintiff with the total amount of KRW 123,789,965 up to 20,00,000 and KRW 63,789,965 until June 30, 2018, and the total amount of the non-party 20,000,000 and KRW 63,789,965,000,000,000 and KRW 308,000,000,000,000 and KRW 18,008,00.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 3, 5 through 7, Eul’s 2, 3, 11, and 13, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff KRW 80,000,000 and damages for delay pursuant to the letter of performance of this case, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The first defendant's assertion that the party concerned asserted is non-party to the execution letter of this case.