(영문) 서울동부지방법원 2020.07.16 2019가합108259

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(영문) 서울동부지방법원 2020.07.16 2019가합108259

보증채무금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of the business of manufacturing and wholesale and retail in the new-gu, and C (hereinafter “C”) is a company with the objective of producing and planning music records, cryds, and video, and D (hereinafter “D”) is a company with the purpose of developing software, wholesale and retail business of industrial products.

B. On September 15, 2015, C entered into a contract for the supply of goods and the preparation of a written confirmation of the guarantee (1) C shall be the official branch of D on September 15, 2015 (hereinafter “instant counter-branch”).

(2) On September 17, 2015, an order was issued for KRW 562,144,000 in total for 100,000 and KRW 328,000 (unit price: KRW 3,280) for the supply of goods between the Plaintiff and the Plaintiff (hereinafter “instant commodity supply contract”).

(2) The Plaintiff supplied D with 82,408 Bans of this case, but D only paid 60,000,000 won out of 328,000,000 won agreed to the Plaintiff and did not pay the remainder of the goods.

3) On October 16, 2015, C provides to the Plaintiff with a performance guarantee certificate stating that “If D fails to pay the price of goods properly, C shall guarantee payment of an amount equivalent to 50% of the balance on October 30, 2015, and an amount equivalent to the remaining 50% on November 16, 2015” (hereinafter “instant performance guarantee certificate”).

(C) The Defendant prepared and delivered the instant certificate of guarantee, and signed it with the “verification”. C) D and C did not pay the Plaintiff the price for the goods under the instant contract for the supply of goods or the deposit money under the instant certificate of guarantee. The Plaintiff filed a lawsuit against D and C seeking the amount of unpaid goods under the instant contract for the supply of goods with the court No. 2017Gahap104550.

2. On January 17, 2019, the above court held that "D and C shall jointly pay 267,260,000 won for the unpaid goods.

유사 판례

-서울동부지방법원 2019.01.17 2017가합104550

-서울중앙지방법원 2014.08.13 2014가합19573

-서울중앙지방법원 2017.11.10 2016가합8867

-수원지방법원안산지원 2016.09.23 2016가단11981

-서울동부지방법원 2016.07.08 2015나4445