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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 27, 2012, the Defendant: (a) contracted each of the construction cost of H multi-household Newly built construction work (“B”) in G at the former week to C Co., Ltd. (the trade name before the change is “Co., Ltd. D”; (b) “Co., Ltd. E” or “Co., Ltd. F” (the trade name of the Defendant is distinguishable from “Co., Ltd. B”; hereinafter “C”); and (c) “H multi-household Newly built construction work in G at the former week; (d) KRW 520,250,000; and (e) KRW 54,50,00
(hereinafter referred to as "the instant land" and "the instant construction" collectively referred to as "the instant construction works". (b)
C In the process of performing the instant construction, while receiving concrete supply from the Geumsan Co., Ltd., and paying a part of the price, but the unpaid amount was KRW 32.8 million, and the Defendant was jointly and severally and severally guaranteed.
C. Geumsan Co., Ltd. received a provisional attachment decision based on the above goods-price claim (the Jeonju District Court Order 2012Kadan915, Mar. 28, 2012) and a decision to commence compulsory auction (the Jeonju District Court Decision J Order 16 Apr. 16, 2012) as to the instant land, and each of the above decisions was entered in the register as to the instant land around that time.
On April 27, 2012, 32,80,000 won was remitted from the account in the Plaintiff’s name to Geumsan, and Geumsan Co., Ltd submitted to the Jeonju District Court an application for the above provisional attachment decision and the withdrawal of the compulsory auction decision.
E. Meanwhile, the Plaintiff was registered as the representative director of C from July 11, 2011 to November 29, 2012, and the person who actually operated C during the foregoing period is K.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 12 and 15 (including additional numbers), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion is a joint and several surety for C's obligation to pay 30,280,000 won concrete payment obligation to Geumsan Co., Ltd.
C, the principal debtor of the Geumsan Co., Ltd.