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(영문) 청주지방법원충주지원 2019.05.01 2018가단24021

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion: (a) Nonparty Co., Ltd. bears the Plaintiff’s obligation to pay KRW 77,386,726 to the Plaintiff; (b) the Defendant is liable to pay KRW 46,00,000 out of the Plaintiff’s obligation to pay KRW 46,00,00 from Nonparty D Co., Ltd. (i.e., KRW 16,000,000 on October 20, 2017) to the Plaintiff; and (c) guaranteed that the Plaintiff would pay KRW 46,00,000,000 on November 20, 2017; and (d) the Defendant is also liable to pay the Plaintiff the aforementioned obligation to pay the amount of KRW 46,00,00,00 to the Plaintiff.

B. We examine the judgment, and there is no evidence to prove the authenticity of the part concerning the defendant's name among the evidence Nos. 1, and thus, it cannot be used as evidence in relation to "the defendant's guarantee", and the evidence alone submitted by the plaintiff is insufficient to recognize that the defendant guaranteed the defendant's guarantee of KRW 46,00,000 out of the above product price liability against the plaintiff of the corporation C, and there is no other evidence to prove otherwise.

Therefore, we cannot accept the plaintiff's above argument.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.