1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On November 15, 2016, the Plaintiff entered into a contract with B on the supply of 238,810,000 won (including value-added tax) with non-pro rata 3 hosting Aluminium.

[hereinafter] The above contract is "the instant contract" and the goods supply contract (Evidence No. 1) prepared at the time is "the instant contract") B.

After that, the Defendant jointly and severally guaranteed the goods payment obligation that B owes to the Plaintiff according to the instant contract. In this case, the Defendant stated in the instant contract that “if the Defendant’s joint and several liability is a condition that additional quantity (three tons) takes place until February 16, 2017, the joint and several liability is null and void.”

C. According to the instant contract, the Plaintiff supplied goods equivalent to KRW 232,207,635 to B until November 30, 2016, and subsequently supplied goods equivalent to KRW 16,745,245 to the Plaintiff. The Plaintiff paid KRW 97,00,000 out of the price of the goods to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant, who is the guaranteed liability, is jointly and severally liable to pay to the Plaintiff the amount of KRW 151,952,880 (=232,207,635 won 16,745,245 won - 97,00,000 won) to the Plaintiff as the principal obligor B.

B. As to this, the Defendant: (a) jointly and severally guaranteed the goods payment obligation owed by B and B to the Plaintiff; and (b) provided that if the goods to be additionally supplied by the Plaintiff do not come into existence until February 16, 2017, the said goods were put into storage only on February 17, 2017, and accordingly, the Defendant did not bear the joint and several liability obligation under the said conditions.

The fact that the defendant jointly and severally guaranteed the above goods payment obligation and attached conditions of the same content as the above defendant's assertion is as seen earlier, and the plaintiff at the time is additionally added.