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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. The Plaintiff is a company engaged in the manufacturing and wholesale business of electrical equipment, and C (hereinafter “C”) is a company engaged in electrical construction business, etc., and the Defendant is a company engaged in telecommunications construction business, etc.
B. The Plaintiff sold telecommunications materials, etc. equivalent to KRW 633,713,280 (including value-added tax) to C from November 2016 to December 2018, but only received KRW 409,841,076 out of the price of the said goods from C from January 2019, and the remainder of KRW 223,872,204 (=the total price of the goods 633,713,280 - the price of the goods received 409,841,076) has not yet been paid.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 10, 12 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Defendant jointly and severally guaranteed C’s payment obligations, such as telecommunications materials, etc.
Therefore, the defendant is obligated to pay to the plaintiff 223,872,204 won and damages for delay.
3. Determination
A. According to the respective descriptions of Gap evidence Nos. 2 (joint guarantee, Eul evidence No. 2-3), Eul evidence Nos. 2-2 (goods supply contract), Eul evidence Nos. 2-9 and Eul evidence Nos. 10, which seem to correspond to the plaintiff's assertion, it cannot be used as evidence since it can be known that Eul was forged by non-party Nos. 4 through 7, 9, and 13, and there is no other evidence.
B. On the other hand, the guarantee can be made for a large number of obligations with uncertain, but in this case the maximum amount of the guarantee must be specified in writing, and the guarantee contract that does not specify in writing the maximum amount of the guarantee shall
(Article 428-3(1) and (2), and Article 428-2(1) of the Civil Act. This is to guarantee obligations owed by a guarantor if it guarantees obligations of a large number of uncertain persons.