logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.06.18 2014가합52669
보증채무금
Text

1. Of the instant lawsuit, the part concerning the demand procedure cost claim shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 193,399,356 and its amount.

Reasons

1. Basic facts

A. The Plaintiff, who is not paid for the goods of Nonparty B, entered into a goods supply contract with Nonparty Co., Ltd. (hereinafter “B”) between November 3, 2011 and September 12, 2012, supplied steel and content to B, but was not paid for KRW 193,39,356 from B (i.e., the price for the goods as of March 31, 2012) (i.e., the price for the goods as of November 2, 2012).

B. The Defendant’s joint and several sureties Co., Ltd. 1) Co., Ltd., and the Plaintiff and B, on November 1, 2012, transfer to the Plaintiff the claim amounting to KRW 180,000,000 among the claim for the purchase price of goods based on the supply contract for the air Gun headquarters as of May 29, 2012 (B’s claim amounting to 45% out of the monthly purchase price of goods supplied and received by B to the Gun headquarters) (hereinafter “the claim transfer and acquisition contract of this case”).

2) On November 2, 2012, the Plaintiff, Nonparty C and the Defendant, the husband of Nonparty C, who was the representative director of the air force headquarters, entered into a joint and several sureties agreement. The Defendant, on November 2, 2012, entered into a joint and several sureties agreement (hereinafter “instant primary joint and several sureties agreement”) with the Plaintiff to pay the price for the instant goods to the Plaintiff by March 31, 2013. C and the Defendant entered into a letter of payment for the goods (hereinafter “instant payment note”).

C. After the amendment of the instant joint and several liability agreement after the conclusion of the instant joint and several liability agreement, the Plaintiff and B changed the content of the claims to be transferred to the Plaintiff on February 20, 2013, from the “45% amount” to the “75% amount out of the monthly amount of the goods supplied to the existing Air Force Gun Headquarters.

arrow