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(영문) 수원지방법원안산지원 2019.09.19 2018가합8726
물품대금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's rehabilitation claim B against the debtor company B.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who manufactures steel plates with the trade name of "E" and the defendant C is a representative of "E".

B. On April 27, 2015, the Plaintiff entered into a contract for the supply of B and steel plates, etc. (hereinafter “instant First Contract”). Defendant C and D jointly guaranteed the obligation for the payment of goods, and the main contents are as follows.

Article 2 (Limit and Scale of Transactions)

1.The ceiling on the amount of credit goods shall be set at KRW 300,000, but the supplier (which shall be the plaintiff; hereinafter the same shall apply) may reduce the ceiling when the buyer (the plaintiff; hereinafter the same shall apply) delays the settlement of the price or when any other cause for bad credit aggravation occurs

Article 4 (Delivery and Settlement Conditions of Goods)

2.The settlement of payments shall be made in cash or on a purchase card, and shall be made in cash or by means of a purchase card by the 20th day of the preceding month.

Article 6 (Limits, Scope, etc. of Guarantee Obligations of Joint and Several suretiess)

1. The limit of the surety obligation of the joint and several sureties shall be limited to the amount of credit goods stipulated in Article 2;

2. The scope of guarantee obligations of a joint and several sureties shall include debts, obligations on bills or checks, liability for payment of damages, guarantee obligations, etc. arising from commercial transactions currently and in the future borne by the buyer for the supplier;

3. The deadline for joint and several sureties shall not be determined;

Provided, That where a joint and several guarantor intends to determine a guaranteed obligation, he/she shall notify the supplier in writing, and the supplier shall determine the guaranteed obligation on the date following the receipt of the declaration of intention to confirm

Article 7 (Term of Contract)

1. The term of the contract shall be one year from the date of settlement of the contract, and shall be automatically renewed for one year if the party concerned does not express his intention of cancellation;

The same shall also apply thereafter.

C. On June 2, 2017, the Plaintiff filed an application for a payment order against Suwon District Court Branch Branch 2017 tead 4661 for a payment order against B, and the said court rendered a payment order on June 12, 2017 and served it to B, but B served on June 16, 2017.

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