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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Around April 2017, creditors entered into a contract with D (E company) on supply of goods to deliver all assembly sand position plates and products related thereto.
(hereinafter “instant commodity supply contract”). B.
At the bottom of the product supply contract of this case, when D fails to perform the obligation, such as compensation for damages arising from the above transaction, the joint guarantor column stating that D is jointly and severally liable, the name of the defendant is written and the seal of the defendant is affixed.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff asserts that since the defendant jointly and severally guaranteed the obligation under the contract for the supply of the goods in this case, the defendant is obligated to pay 81,797,579 won for the goods unpaid by D to the plaintiff.
On the other hand, the defendant argues to the effect that "only the prices of goods purchased by D at the time of the contract for the supply of the goods in this case, shall be understood as joint and several sureties, and his identification cards and seals have been transferred, and the defendant did not participate at the time of the contract. The defendant did not intend to guarantee the obligations for the entire goods traded in the future by the plaintiff and D. Therefore, the declaration of intention of joint and several sureties for the contract for the supply of the goods in
3. Article 428-3 of the Civil Act provides, “A guarantee may be made for a large number of obligations with uncertain duration. In such cases, the maximum amount of the guaranteed obligation must be specified in writing.” Paragraph 2 of the same Article provides, “In the case of paragraph 1, the guarantee contract that does not specify the maximum amount of the obligation in writing pursuant to Article 428-2(1) shall be null and void.”
This is the amount of the surety's obligation to be borne by the guarantor if it guarantees a large number of obligations.