A. From December 2013 to February 2014, the Plaintiff supplied Nonparty Co., Ltd. (hereinafter “B”) with a total of KRW 426,456,091 (including value-added tax) and did not receive KRW 186,866,355 out of the payment amount from B. As to May 13, 2014, the Plaintiff filed an application for the payment order against B as the court 2014 tea9437, and on June 28, 2014, the payment order was finalized to the effect that “B shall pay the Plaintiff KRW 186,866,355 and delay damages.”

B. The Defendant on April 7, 2014 against the Plaintiff on January 7, 2014 and

2. A joint and several guarantee was made for 100 million won out of the obligation to pay the goods incurred.

【Ground for recognition】 There is no dispute

2. Determination

A. Based on the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 90 million won and damages for delay to the plaintiff among 100 million won jointly and severally guaranteed by the plaintiff, unless there are special circumstances.

B. 1) As to the Defendant’s defense of reimbursement, the summary of the Defendant’s defense is Nonparty C Co., Ltd. (hereinafter “C”).

A) A claim for the purchase price of goods was held against B. A. A. A. B. on August 14, 2014, on behalf of B, C. paid KRW 180,000 to the Plaintiff KRW 180,000,000,000 to the Plaintiff, and the Plaintiff paid KRW 180,000,000 to C, and thus, 180,000 had already been paid, and even if only part of the report was paid to the Plaintiff, the Plaintiff was exempted from the remainder of KRW 80,00,00,000,000. Therefore, even if the Plaintiff’s obligation against B remains 6,886,355,000,000,000,000 won were not written, if any, different from the written content, and in interpreting the legal act of the originator, it can be determined with free trial evidence to the extent that it does not violate the empirical and logical rules.

Supreme Court Decision 2005Da34643 Decided April 13, 2006, etc.