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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The status of the parties is a company that engages in the business of selling and distributing group meals and concentrated fishery products, and the co-defendant A Co-Defendant A Co-Defendant A Co., Ltd. of the first instance court (hereinafter “A”) is a company that sells and distributes functional health foods, and a medical corporation B (hereinafter “B”) is a corporation that operates medical institutions, such as Sungnam-si Hospital, etc.
B. On August 24, 2009, the Plaintiff entered into a food supply contract, joint and several sureties, and terminated 1) The food supply contract (hereinafter “instant food supply contract”) with A with the following content.
A) Around that time, the Plaintiff supplied food materials to A. Article 5 (Method of Settlement of Prices and Guarantee of Payment)
1. The plaintiff shall adjust the details of the goods price supplied to A by the end of each month and claim against A.
2. A shall deposit the amount under paragraph 1 into the account designated by the Plaintiff not later than 60 days after the end of the month.
3. The plaintiff may terminate the contract at the time of delay of price A.
4. The plaintiff may request the preservation of security and other claims for the guarantee of payment of Gap, and the plaintiff may terminate the contract in case where agreement is not reached.
Article 6 (Term of Contract) The term of validity of this Agreement shall be from August 24, 2009 to August 23, 2010, and shall be from August 23, 2010 to where there is no notification by a document or wire between A and the plaintiff as to whether the contract is renewed one month prior to the expiration of the term of contract, this Agreement shall be automatically extended under the same conditions.
2) While the instant food supply contract was automatically extended and maintained even after the contract term was terminated, B, on April 1, 2015, agreed between the Plaintiff and A to jointly and severally guarantee the Plaintiff’s obligation to the Plaintiff (hereinafter “instant joint and several guarantee agreement”).
(1) the principal
Details are as follows:
1. A’s product price obligations arising from transactions with the Plaintiff, obligations arising from a purchase card transaction agreement, and bills relating to the said transactions; and