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(영문) 대전지방법원 2018.07.12 2017가단228455

물품대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 65,093,165 and the Defendants A and B from November 1, 2017, respectively.

Reasons

1. In full view of the contents of evidence Nos. 1 through 4, the Plaintiff’s assertion as indicated in the grounds for the application (the obligee, the obligee, and the obligor refer to the Defendant) may be acknowledged. According to such factual basis, the Defendants are jointly and severally liable to pay the Plaintiff money as specified in the Disposition No. 1.

2. A written objection submitted by the said Defendants against the payment order filed by the Plaintiff against Defendant A and Defendant B did not contain any specific content to block the Plaintiff’s claim of this case, and the said Defendants were absent at the date of pleading without submitting a written reply containing their specific arguments, etc.

3. As to the Plaintiff’s claim against Defendant C, Defendant C became aware of Defendant B in the course of jointly operating the Oil Distribution Business with Nonparty D, and during that process, Defendant B provided the Plaintiff with his father’s land by having Defendant B as the obligor, and repaid the Plaintiff with the liability equivalent to KRW 320 million upon cancelling the right to collateral security on the land provided as security on behalf of the Plaintiff, and the instant oil payment obligation is merely the obligation of Defendant A and Defendant B, and Defendant C did not bear any responsibility.

However, Defendant C also recognized the authenticity of Defendant C’s evidence No. 2 (a debt repayment plan), and the above assertion by Defendant C is merely an internal motive leading to legal action between the Defendants, and it is difficult to legally block the Plaintiff’s claim of this case.

[The defendant C may not know if he provided his father's land as a water guarantee, but it seems difficult to block the plaintiff's claim in this case as long as he signed the above debt repayment plan.]