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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion E Co., Ltd. (hereinafter “Co., Ltd.”) supplied F with steel bars equivalent to KRW 488,801,230 from April 4, 2012 to April 25, 2012. The Defendants jointly and severally guaranteed F’s payment of the purchase price of goods. Since F paid only KRW 140,00,000 among the purchase price of the relevant goods, the amount of KRW 348,801,230 was unpaid.
E on September 19, 2018, transferred to the Plaintiff a claim for the amount equivalent to KRW 493,515,008 against F with respect to the purchase price of goods, the E notified the transfer to F on September 21, 2018 and sent the notification to F around that time.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 493,515,00 and delay damages.
2. According to the evidence No. 2-2 of the judgment, it is recognized that the Plaintiff supplied F with the iron bars equivalent to KRW 368,00,000,017 (i.e., the supply price of KRW 334,545,470) around 201 (i.e., the supply price of KRW 333,45,450,54,547). Meanwhile, the evidence of the Defendants’ joint and several sureties submitted by the Plaintiff is the only entry of the evidence No. 2-1 of the evidence No. 2-1. The above contract is not written with the date of preparation and the number of the goods, and the contract term and the estimated price of the order are kept in public space, and thus the Plaintiff’s claim related to the supply of the goods occurred before or after the preparation of the above contract, and there is no evidence to prove that the Defendants’ joint and several sureties’s obligation is the object of joint and several sureties’s debt.
Therefore, the plaintiff's claim is without merit.
[Attachment, even if the contents of the above contract are arranged as a comprehensive collateral guarantee without setting the guarantee limit amount and guarantee period, the maximum amount of the guarantee obligation must be specified in writing, and there is no effect of the guarantee contract not specified in writing (Article 6(1) and (2) of the Special Act on the Protection of Guarantee.