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(영문) 의정부지방법원고양지원 2015.07.10 2015가단2099

물품대금

Text

1. The Defendant’s KRW 27,00,000 as well as 5% per annum from July 1, 2011 to January 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a wholesale business, such as a raw ship and a collection plant, with the trade name of “C,” and is supplied to D, and the Defendant is a person who was appointed as an internal director of D on October 15, 2010 and registered.

B. On October 21, 2010, the Defendant entered the following in writing, and affixed the corporate seal of D Co., Ltd. on the next entry of “D representative B”, and at the bottom of the “1. debtor’s name B”;

2. Resident Number: E,

3. Address: A written confirmation (hereinafter “instant confirmation”) written by writing “F Building Five Floors in Yongsan-gu” was issued to the Plaintiff. From July 6, 2010 to July 6, 201, C undertakes to pay to the Plaintiff the outstanding amount of KRW 27,00,000, out of the price of goods, by the end of June, 201.

As of the end of each month. The period shall be paid from December 2010 to the end of each month."The ground for recognition" has no dispute, Gap 1, 2, Eul 1, and Eul 1, and the purport of the whole pleadings.

2. Determination

A. The summary of the plaintiff's assertion is that the defendant is liable for joint and several liability for the debt of D to the plaintiff according to the letter of confirmation of this case.

B. The gist of the Defendant’s assertion is that the Plaintiff prepared the Defendant’s personal information in the instant confirmation document, and the Plaintiff refused to answer the meaning of joint and several sureties during the preparation process.

Therefore, the defendant is not liable for joint and several sureties.

C. In full view of the judgment as to the cause of the claim, the evidence mentioned above, and the purport of the entire pleadings in the testimony of the witness G, the confirmation of this case was prepared in accordance with the plaintiff's notification that the defendant would not continue to supply the goods because there are many attempted amounts immediately after the defendant was appointed as a new representative of D Co., Ltd., and the defendant made a statement that " he would be liable" at the time of the preparation of the confirmation of this case, and it is difficult to believe that the statement of Eul evidence No. 2 as

However, it is true.