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(영문) 서울서부지방법원 2018.02.06 2017나37977
지급보증금 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 1, 2013, the Plaintiff entered into a contract on the part of the Sejong Motor Vehicle Co., Ltd. Co., Ltd. (hereinafter referred to as “Nonindicted Company”) to supply the automobile parts required for the car model sold in Korea, which was produced by the “Integrative Motor Vehicle Development and Co., Ltd. or the “Ingr

(hereinafter “the First Contract”). The type and content of the guaranteed obligation until August 4, 2016, the date of guarantee of KRW 200,000,000 guaranteed amount for the non-party company’s non-party company;

1. Debt kinds: Performance guarantee for payment;

2. Guarantee for payment of the price of goods and the amount of reimbursement to the product support center for the instant primary contract prepared by the company and the Plaintiff, which occurs during the guarantee period;

B. On August 4, 2015, the Defendant guaranteed the Plaintiff’s debt owed by the Nonparty Company to the Plaintiff under the instant contract dated September 1, 2013 (hereinafter “instant payment guarantee contract”), and the main contents of the instant payment guarantee contract are as follows.

C. On September 1, 2015, the Plaintiff drafted a new “part Agency Contract” with the Nonparty Company (hereinafter “the second contract”), and the Defendant was unaware of the fact that the second contract was concluded.

Article 2 (Supply Items, Supply Methods, etc.)

1. Items supplied by the plaintiff according to the order of the non-party company shall be the repair parts and automobile goods required for all types of the previous model which were produced and sold in Korea by the non-party company of the Hyundai Motor Vehicle Management Co., Ltd.

1. Items supplied by the plaintiff according to the order of the non-party company shall be the repair parts and automobile goods required for the previous type of sales after being produced by the non-party company in charge of the Hyundai Motor Vehicle Management and Co., Ltd.

Article 5 (Creation of Guarantee and Claims for Reimbursement)

3. If the number of times the non-party company failed to pay the price on the original settlement date is three times or more per quarter, the plaintiff may not be liable for the payment guarantee.

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