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(영문) 창원지방법원 2020.10.29 2019나60513

물품대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The text of the judgment of the court of first instance referred to in paragraph (1).

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells pipes, etc., which are materials for agricultural nivers.

A limited liability company C (hereinafter referred to as “C”) is a company that performs the work of installing agricultural vouchers, etc., and the father-E of the defendant is practically operating, and E is the representative director from September 25, 2013.

On the other hand, the Defendant’s representative “F” was operated as the same type of business at the location of the same workplace as C. At the request of E, the Plaintiff was engaged in the supply of goods, such as pipes, at the same time as C, a general taxable person F and a corporate entrepreneur, and the sales office of the tax invoice also issued in compliance with the demand of E.

B. On September 2, 2013, the Plaintiff drafted a contract with C and F, respectively, to verify the contractual relationship and secure claims arising from credit transaction.

In the contract between the plaintiff and C, the defendant (F representative), E, and fixed area (the person who was registered as the representative director at the time, E) are stated as joint and several sureties, and the contract between the plaintiff and F (representative B) is entered as a joint and several sureties (representative), E, and defendant, and each seal is affixed on each name.

C. The balance of the goods price to be paid by C to the Plaintiff is KRW 153,065,325 as of June 15, 2015, when the last payment was made.

(hereinafter referred to as “price for the instant goods”). [The grounds for recognition] The entry in Gap 1 through 4, 6, 7, 12, 16, and 17, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff under the goods supply contract with E, and thus, is jointly and severally liable with E to pay the instant goods to the Plaintiff. (2) Of the goods supply contract (Evidence A 1) between the Plaintiff and the Defendant C, the part of the Defendant’s name among the goods supply contract (Evidence A 1) between E and the Defendant is stolen by E