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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 6, 2003, C entered into a product supply contract with D Co., Ltd. (hereinafter “D”) with a condition separately agreed upon by D Co., Ltd. (hereinafter “D”), under which D Co., Ltd would pay for the price of the goods (hereinafter “instant contract”). The term of validity of the instant contract is from March 7, 2003 to March 6, 2004; however, one-year extension is automatically extended if one of the parties fails to notify of his/her refusal to renew the contract in writing by one month prior to the expiration of the contract.
B. On the date of entering into the instant contract, the Defendant, who is a type C, jointly and severally guaranteed all the obligations that C would incur or will incur to D under the instant contract, by means of preparing a separate joint and several guarantee form from the instant contract.
C. On November 4, 2013, the Plaintiff entered into a contract with C to provide goods from D during the period from November 4, 2013 to November 3, 2015, with the insurance coverage amounting to KRW 10,00,000,00, with the payment of the sales price to D.
However, the occurrence of an insured incident that C could not pay the price of goods to D, and the Plaintiff paid 9,99,017 won to D on February 17, 2015 as insurance money under the “performance guarantee insurance for the sale of goods” contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the claim, the plaintiff and the defendant are joint guarantors for the obligation to pay the credit goods under the contract of this case of this case. Since the portion of the obligation among joint guarantors is presumed to be equal unless there is any special declaration of intention as to the portion of the obligation among the joint guarantors, the plaintiff is about KRW 4,99,508 (=9,99,017 x less than KRW 1/2 and less than KRW 1).