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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Whether the plaintiff's preserved claim is recognized
A. The Plaintiff’s assertion entered into a goods supply contract with C Co., Ltd. (hereinafter “Nonindicted Company”) on December 22, 2014, and A jointly and severally guaranteed the goods payment obligation against the Plaintiff by Nonparty Company.
After that, the Plaintiff supplied the processed paper and place of birth to the non-party company 64 times from January 3, 2015 to April 28, 2015. However, the non-party company paid only KRW 77,829,548 out of the total amount of KRW 1,948,315,628 and did not pay the remainder of KRW 1,170,486,080. The Plaintiff applied for a payment order against the non-party company and the non-party company A to the appellate court of the Daegu District Court for the payment order on July 7, 2015, and the payment order became final and conclusive on July 25, 2015.
Therefore, the plaintiff can exercise the right of revocation by making the above joint and several guarantee claim against A as the preserved bond.
B. According to the statements in Gap evidence Nos. 1, 2, and 5 (including branch numbers), it is recognized that the plaintiff had a claim for the purchase of goods against the non-party company from January 2015 to April 27, 2015, even before the transaction of goods with the non-party company was commenced on or before April 27, 2015. However, in the meantime, it cannot be inferred that the plaintiff and the non-party company's representative was jointly and severally guaranteed the non-party company's obligation for the purchase of goods to the non-party company arising from the transaction of the goods by the non-party company Gap as a matter of course, and in the case of a joint and several surety contract, it is difficult to readily conclude that there was a oral contract since it was a rare example that the contract was concluded orally.
(A) It is reasonable to conclude that the contract (Evidence A 1) was concluded on April 27, 2015, 2015, the Defendant and the Defendant as to the real estate stated in the attached list on the date of the fraudulent act claimed by the Plaintiff by the date of the instant contract.