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.

Basic Facts

The plaintiff is a legal entity that manufactures and sells cryp, winding, transmission winding, cryp, etc., and the defendant is a legal entity that engages in wholesale and retail business of electronic equipment.

From January 6, 2010 to August 17, 2016, the Plaintiff supplied the Defendant with goods, such as the industrial air bags. As of August 17, 2016, the price for the goods that the Defendant is obligated to pay to the Plaintiff is KRW 84,628,386.

On the other hand, D (the representative of D's business registration is D's son, but substantially D's operation) requested the Defendant to pay in advance the price of goods to be paid for the production cost of the pre-sale of the pre-sale climate, which is to be used for assembling and producing the pre-sale climate.

On April 1, 2013, the defendant entered into a contract for supply of wind with D on April 1, 2013, and the plaintiff jointly and severally guaranteed debt D under the above contract.

(hereinafter “this case’s guarantee agreement”). The Defendant was to be supplied with 217,250,000 won from D, and paid in advance the price of KRW 86,90,000 to D, and paid in addition, on May 29, 2013, KRW 25,000.

D was issued a delivery performance guarantee letter to the effect that the Defendant reaffirms the above joint and several sureties because the D failed to supply the wind, etc. properly.

The defendant paid 45,00,000 won in addition to D on July 18, 2013 and the defendant paid 156,900,000 won in total.

(i) D supplied the goods of KRW 85,144,00 to the Defendant from June 3, 2013 to November 19, 2013.

However, on October 4, 2013, the defendant returned the goods with defects equivalent to KRW 4,061,00.

On the other hand, the defendant paid 810,000 won on behalf of D.

On September 16, 2015, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff’s claim for the purchase price of goods against the Defendant and the Defendant’s guarantee claim against the Plaintiff set off KRW 76,627,00 on an equal amount.

The defendant against D on August 27, 2019 as Suwon District Court 2019Kadan549841.