물품대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. On June 30, 2016, the Plaintiff’s representative director D, E (hereinafter “E”), and three persons, including C, etc., of the Plaintiff’s representative director D, E (hereinafter “E”), and the head of the business team of the Plaintiff’s issuing the Defendant’s guaranty insurance policy, agreed that “if the Plaintiff supplied the Defendant with the machine meaning of the head, bridge, and interior at a slaughterhouse, the head is removed, the Defendant would pay the price to the Plaintiff or process part of the land provided, and then deliver it again to the Plaintiff after deducting the cost for the processing thereof,” and C prepared the land supply contract (hereinafter “instant contract”), and presented it to D’s representative director.
In addition to the contract of this case, the contract of this case shall be paid 200 million won to the plaintiff in order to secure the performance of the contract, but it shall include the contents that it is substituted by the performance insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. (hereinafter
(Article 4). However, the contract of this case did not contain the signature and seal of the plaintiff and the defendant.
Meanwhile, on June 23, 2016, the Defendant had already been issued a performance guarantee insurance policy (hereinafter “instant guaranty insurance policy”) from the Seoul Guarantee Insurance Co., Ltd. based on the instant contract. The said guarantee insurance policy states that the policyholder, the insured, the insured, the insured amount of KRW 200 million, and the content of the guarantee as “payment guarantee under the land processing supply contract.”
B. From July 1, 2016 to July 29, 2016, the Plaintiff supplied land amounting to KRW 466,905,184 on 17 occasions, as indicated in the attached sheet supply details, as “Seoul Gohap-gun I”.
In addition, from July 8, 2016 to August 8, 2016, E remitted the land price to the Plaintiff over 13 occasions, and the sum is 249,486,688 won.
[Ground of Recognition] Unsured Facts, Gap 2 through 5, 7, .