물품대금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff is Nonparty B or Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) from March 9, 2014 to August 6, 2014.
(2) Since the Plaintiff supplied ready-mixed 15,042,00 won to the non-party company, the Plaintiff had a claim for the amount equivalent to the supply price of ready-mixed with the non-party company. (2) However, when the Plaintiff requested the Defendant to jointly and severally guarantee the non-party company’s obligation to pay for the goods, the Plaintiff sent Gap evidence 2 (main document) by facsimile. At the time, the Non-party D, who was the representative director of the Defendant, expressed his/her intent to jointly and severally guarantee the above goods payment obligation on behalf of the Defendant, and sent the Plaintiff a revised order by facsimile stating the Defendant’s corporate seal and the Defendant’s business registration number.
3) If so, the defendant is jointly and severally liable to perform the joint and several liability to the plaintiff. (B) The defendant's assertion 1 is a copy of the defendant's certificate No. 2 (main document) submitted by the plaintiff to prove the conclusion of the joint and several liability contract, and the plaintiff does not submit the original of the above order, and the seal imprint affixed on the order does not belong to the defendant's corporate seal, so the original copy exists
Even if it is not recognized that the petition is made.
Therefore, there is no formal evidence of No. 2 (main document).
2. The Plaintiff did not supply ready-mixed to the non-party company and did not hold a claim for the price of goods against the non-party company. Even if the Plaintiff owned the above claim for the price of goods, and D used the name of the president or the representative director, thereby representing the Defendant’s joint and several sureties, the above act does not have the right to represent the Defendant at that time, and thus, is invalid for the Defendant.
2. Determination
(a) Evidence A-2 (Guarantee).