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(영문) 서울중앙지방법원 2016.06.10 2015가단195774

운송료

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 32,729,90 and the interest rate thereon from January 7, 2016 to the day of full payment.

Reasons

1. The Plaintiff: (a) transported the goods of the Defendant Company from February 2, 2013 to May 2014; (b) on September 18, 2015, the remaining cost of home delivery as of September 18, 2015 is KRW 32,729,90.

On August 24, 2015, Defendant B, as the representative C’s wife, stated his name, date of birth, address, cell phone number, and other personal information on the deposit document in which the content that Defendant B’s employee jointly and severally and severally guaranteed the Defendant Company’s obligation of KRW 33,129,900 as of July 31, 2015 (hereinafter “the deposit document of this case”).

[Grounds for Recognition: Entry in Evidence Nos. 1 to 3, and the purport of the whole pleadings]

2. The Defendant Company asserted and determined that it submitted a written objection against the payment order before being implemented as the instant litigation procedure, and did not make specific arguments against the Plaintiff’s claim. Defendant B appeared on the date of pleading and presented specific arguments against the Plaintiff’s claim. Thus, the part on the claim against Defendant B is examined.

A. The purport of the Plaintiff’s assertion is a party to a contract of carriage of the instant selective shipment contract, and Defendant B is a joint and several surety through the instant deposit scheme, and Defendant B is obligated to pay the remainder cost of 32,729,900 won as of September 18, 2015, and delay damages therefor.

B. The Plaintiff’s employee asserted in Defendant B’s statement that “the name of the Defendant was written in the written confirmation that he was only the Defendant,” and the Plaintiff’s personal information was written without viewing the content of the deposit scheme in this case.

After indicating the Defendant’s personal information, the phrase “componing” was merely the phrase that “the Do seal is affixed and a certificate of seal imprint is recognized as a document to be attached.” Thus, it is not the joint and several guarantee of Defendant Company’s obligation to pay the cost of home by means of the deposit plan in this case.

C. According to various circumstances examined under the judgment as to whether Defendant B’s joint and several liability is guaranteed, Defendant B.