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(영문) 부산지방법원 2017.07.27 2017가단308596

물품대금

Text

1. Defendant A Co., Ltd.: 45,140,730 won and 6% per annum from January 19, 2017 to March 17, 2017 to the Plaintiff.

Reasons

1. The plaintiff's assertion is a company operating the ready-mixed manufacturing business, and the defendant A (hereinafter "the defendant company") is a company running the construction business.

The Plaintiff supplied ready-mixed from October 2016 to January 2, 2017 at the site of the new construction of the Busan Geum-gu and one parcel D multi-family housing. The Defendant Company did not pay KRW 45,140,730.

Since the defendant B is a joint and several surety, it must be jointly and severally liable with the defendant company.

2. The Defendant Company did not submit a written answer disputing and being served with a duplicate of the instant complaint, and the Plaintiff did not appear on the date of pleading in the instant case, and thus is deemed to have led to the confession of the Plaintiff’s assertion (Article 150(3) of the Civil Procedure Act). Accordingly, the Defendant Company should pay the amount claimed

However, in the case of Defendant B, the Plaintiff submitted as the sole evidence of the fact of joint and several sureties by Defendant B the copy of the documents on ready-mixed (Evidence A1). Defendant B asserted that his signature stated in the column of joint and several sureties of the above documents was forged, and that the subsequent seal is not based on his seal.

In such cases, if the plaintiff fails to prove that the above stamp image is based on the true seal of defendant B, the above stamp image shall not be used as evidence.

There is no other evidence to prove the plaintiff's assertion.

Therefore, the plaintiff's argument about defendant B is without merit.

3. In conclusion, the plaintiff's claim against the defendant company is justified and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.