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1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, a company selling the bend, tools, and shipbuilding machinery, supplied the tools, wing bars, etc. to M Co., Ltd. (hereinafter “M”) and the limited liability company N (hereinafter “N”).
B. The Plaintiff entered into a contract with M on the supply of goods by stipulating that the price for the goods shall be paid as of April 1, 2009 as of the end of each month, and M did not pay KRW 58,522,475 in total as of May 31, 2009 or from June 30, 2009 until August 2012 as of June 30, 2012.
On August 11, 2009, the Plaintiff entered into a guarantee agreement with B as to KRW 50,000,000 for M out of the above goods price, and entered into a guarantee agreement with B on June 18, 2009 retroactively to the due date, and damages for delay at 20% per annum, and a notary public entered into a notarial deed of money loan agreement (hereinafter “notarial deed of this case”).
C. On June 28, 2010, the Plaintiff entered into a joint and several surety agreement with B as to the amount of KRW 92 million for N, the Plaintiff paid KRW 6.1 million per month from July 28, 201 to August 28, 201, and paid KRW 6.6 million per month from September 28, 201, and paid damages for delay in installments at KRW 20% per annum by a notary public at KRW 933,000 (hereinafter “notarial deed 2”). D.
The Plaintiff asserted that B or its wife received each of the instant notarial deeds as to the credit sales for which B or B supplied tools and seals, and failed to receive them, based on the notarial deed, the Plaintiff filed an application against B for the payment order on February 13, 2014 with the Gwangju District Court 2014Guj258, and April 15, 2014, respectively, with the same court 2014Guj664, and each of its payment orders against B was issued on March 11, 2014 and the same year.
5. 13. Each final decision has been made.
(e) B shall set forth in the annexed sheet for the repayment of the loan obligation owed to the defendant.