beta
(영문) 의정부지방법원고양지원 2015.02.11 2014가단60807

보증채무금

Text

1. The request is dismissed.

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

Reasons

1. The plaintiff's primary assertion and judgment

A. The plaintiff asserted that the plaintiff did not pay the price for the goods continuously supplied from the plaintiff since the beginning of 2009, while the defendant guaranteed the payment of the price for the goods to the non-stock company on November 11, 2009 by giving priority to the plaintiff's payment of the price for the goods to the non-stock company. The plaintiff supplied the goods to the non-stock company, thus the defendant is obliged to pay the price for the goods.

B. This assertion cannot be accepted because it is difficult to view that the written evidence No. 1 of the judgment alone guaranteed the Defendant’s obligation to pay the goods prices to the short-term company.

2. The plaintiff's assertion and judgment as an expression agent

A. The plaintiff asserts to the effect that the defendant should be held liable as an expression agency because the plaintiff prepared a written confirmation by the defendant A and supplied the goods with belief in the written confirmation.

B. The judgment evidence No. 1 is merely a fact that the defendant only confirms the transaction of the plaintiff and the stock company, and there is no content about the rights and obligations of the defendant.

In other words, since it is not a provision on the legal relationship of guarantee between the plaintiff and the defendant, it is not possible to apply the provision of expression agency.

3. It is so decided as per Disposition for the same reasons as above.