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1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) KRW 149,546,519; and (b) from December 22, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. From 2016 to July 2018, the Plaintiff supplied the Defendant Company B (hereinafter “Defendant Company”) with goods, such as sanitary implements equivalent to KRW 201,932,420, and received KRW 52,385,901 from the Defendant Company.
B. On July 18, 2018, Defendant C prepared a joint and several guarantee contract to the effect that, as the current and future debt owed by the Defendant Company to the Plaintiff, Defendant C is a joint and several surety (including not only a specific contract but also a debt arising from a specific type of transaction or a debt arising from a specific cause).
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 2, the purport of whole pleadings
2. Determination:
A. According to the facts of recognition as to the plaintiff's assertion, the defendant company is the principal debtor, and the defendant C is jointly and severally liable to pay 149,546,519 won for the unpaid goods of the defendant company and damages for delay to the plaintiff.
B. Determination 1 on Defendant C’s assertion 1) Defendant C’s joint and several sureties is the Defendant Company D (hereinafter “Nonindicted Company”)
(1)The SPP Agreement for the Supply of Sanitary Instruments for the Construction of the Jeju Est hotel Construction Corporation (hereinafter referred to as the “instant Product Supply Agreement”) as the Corporation may:
(2) The Defendant C’s principal obligation is a joint and several surety, and the product price liability is limited to KRW 103,950,000 at present, and the product price shall also be claimed first to the Nonparty Company in accordance with the direct and direct payment agreement with the Nonparty Company.
With respect to continuing guarantee, Article 428-3 of the Civil Act provides that "a guarantee may be made for a large number of obligations with uncertainness: Provided, That in such cases, the maximum amount of the guaranteed obligations shall be specified in writing."