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(영문) 부산지방법원서부지원 2020.10.27 2020가단3060
보증채무금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff supplied steel materials to C and was not paid the price of KRW 65 million (hereinafter “the price of the instant goods”). Since the Defendant, the mother of C, guaranteed the Defendant’s obligation to pay the price of the instant goods, the Defendant is liable to pay the price of the instant goods to the Plaintiff.

2. The evidence submitted by the Plaintiff alone is difficult to deem that the Defendant guaranteed the instant goods payment obligation, and there is no other evidence to acknowledge it. Rather, comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 2, 4, and 5, the Plaintiff’s assertion that, on April 9, 2019, C made four installments of the instant goods payment obligation to the Plaintiff on April 9, 2019, KRW 40 million up to the end of August 2019, KRW 10 million up to the end of February 2020, KRW 10 million up to the end of February 2020, and KRW 5 million up to the end of March 2020. If the Defendant fails to repay KRW 40 million up to the end of August 2019, it can only be acknowledged that the Defendant agreed to have the mother of C as the guarantor, and thus, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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