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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.
Reasons
1. Basic facts
A. The Plaintiff is a company aimed at gas manufacturing and sales, etc., and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at ship-building structure manufacturing and sales, etc., and the Defendant B is the representative director of the Defendant Company.
B. The Plaintiff supplied gas to D Co., Ltd. (hereinafter “D”) by July 2015, and did not receive KRW 84,628,885 of the gas price.
C. From August 2015, the Plaintiff supplied gas to the Defendant Company. The gas price that was not paid as of March 10, 2017 was KRW 4,417,502, but the Defendant Company paid the said price to the Plaintiff thereafter.
On the other hand, on July 2, 2015, Defendant B guaranteed the gas payment obligation against the Plaintiff within the limit of KRW 90 million, and on September 1, 2015, Defendant B guaranteed the gas payment obligation against the Plaintiff by Defendant Company.
【Ground for Recognition: Unsatisfy, Gap evidence 1 to 5 (including a branch number; hereinafter the same shall apply)
(ii) evidence Nos. B 1 and 13, witness C’s testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the claim against Defendant B, Defendant B was jointly and severally guaranteed by the Plaintiff within the limit of KRW 90 million with respect to the gas payment obligation against the Plaintiff, and thus, Defendant B is obligated to pay to the Plaintiff the unpaid gas payment of KRW 84,628,885 and delay damages thereof within the limit of KRW 90 million.
(A) The Plaintiff claimed that Defendant B provided a payment of the unpaid gas price of KRW 4,417,502 to the Plaintiff of the Defendant Company until March 10, 2017, but the said payment was paid in full, as seen earlier, and thus, the Plaintiff’s claim for this part is without merit). Accordingly, the Defendant B provided a joint and several surety for the Plaintiff’s gas payment obligation to the Plaintiff, and that there was no joint and several surety for D’s gas payment obligation to the Plaintiff.
According to the evidence No. 1 written by Defendant B, each written by Defendant B on July 2, 2015, the Plaintiff respectively to E.