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(영문) 창원지방법원진주지원 2014.11.05 2013가합2453

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 130,901,080 and the interest rate thereon from October 22, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 15, 2012, the Plaintiff entered into a goods supply contract with Furcambs Co., Ltd. (hereinafter “Furcs”), under which goods such as agricultural Hurcs pipe are continuously supplied (hereinafter “instant goods supply contract”), and the Defendants jointly and severally guaranteed the obligation to pay the said goods to the Plaintiff of Furcambs.

B. By March 18, 2013, pursuant to the instant goods supply contract, the Plaintiff supplied goods, such as agricultural cargo pipes, to the Furbs, and the unpaid goods amounting to KRW 130,901,080 as of March 18, 2013.

[Ground for recognition] Defendant A: The fact that there is no dispute over Defendant B: Evidence No. 1, Evidence No. 2, Evidence No. 3-1, and Evidence No. 3-2, and the purport of the whole pleadings under Article 150(3) and (1) of the Civil Procedure Act;

2. Determination as to the cause of claim

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 130,901,080 won for the above goods and damages for delay at the rate of 20% per annum from October 22, 2013 to the date of delivery of the original copy of the instant payment order, as sought by the Plaintiff.

B. As to this, Defendant B did not affix the Plaintiff’s seal to the above product supply contract at the time when Defendant B affixed the goods supply contract in this case as joint and several sureties, and further determined the error thereafter, Defendant B’s withdrawal of the intent of joint and several sureties by returning the above product supply contract in a state where he did not affix the Plaintiff’s seal to the factory in a state where he did not visit the factory in a state where he did not affix the Plaintiff’s seal. Accordingly, Defendant B asserted that the joint and several sureties contract between the Plaintiff and Defendant B was not concluded

When the authenticity of a disposal document is recognized, the court is clear and acceptable to deny the content of the statement.