청구이의
1. The Defendant’s order for payment against the Plaintiff was issued on February 8, 2017 by the Gocheon-si District Court of Sucheon-si, the District Court of the Republic of Korea (2017Da49).
1. Basic facts
A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter referred to as “Nonindicted Company”), and the Defendant is operating a mutual sign trading, manufacturing, and selling of bedclothes, “D”.
B. From May 1, 2016 to September 30, 2016, Nonparty Company was supplied with crowdfunding, etc. by the Defendant. As of September 30, 2016, Nonparty Company was liable for the amount equivalent to KRW 22,930,850 (hereinafter “instant commodity payment obligation”).
C. On April 8, 2017, the Defendant filed an application for a payment order with the Plaintiff and the non-party company seeking payment of KRW 22,930,850 for the Plaintiff’s personal repayment of the instant goods price and delayed payment thereof, and received the payment order stipulated in Paragraph (1) of this Article (hereinafter “instant payment order”). The above payment order against the Plaintiff was finalized on the ground that the Plaintiff agreed to pay the goods price.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) As the representative director of the Nonparty Company, the Plaintiff is the Plaintiff’s confirmation of the balance (No. 6, hereinafter “instant confirmation of the balance”) as of September 30, 2016.
(2) The Plaintiff signed and agreed to the effect that the Plaintiff would jointly and severally repay the instant goods payment obligation with the Nonparty Company. Therefore, compulsory execution based on the instant payment order shall not be permitted. (2) The Defendant Plaintiff stamped the corporate name plate on the instant balance certificate, signed it on the right side, thereby confirming that the Plaintiff is jointly and severally liable for the instant goods payment obligation, or indicating the intent of joint and several sureties.
In addition, the plaintiff did not object to the payment order of this case but did not object to the payment order of this case.
Therefore, the Plaintiff is jointly and severally liable to the Defendant for the instant goods.