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(영문) 부산지방법원 서부지원 2018.04.04 2017가단108965

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B did not pay KRW 140,045,067 for materials purchased from the Plaintiff by March 2, 2017.

B. On January 25, 2017, the Plaintiff requested the Defendant’s joint and several sureties for the payment of the above material price. On January 25, 2017, B affixed the Defendant’s seal impression affixed to the Defendant’s name on the joint and several sureties’s name, resident registration number, and address in the column of the joint and several sureties’s office (hereinafter “instant joint and several sureties’s certificate”), and attached the Defendant’s seal impression and a copy of the Defendant’s resident registration certificate issued to the Plaintiff by proxy.

C. The Plaintiff received the instant joint and several sureties from B, and did not specifically verify whether the Defendant granted the right of representation on the preparation of the intent of joint and several sureties or joint and several sureties.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness B's testimony, purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion B drafted the instant joint and several sureties on behalf of the Defendant on January 25, 2007.

Therefore, the defendant is jointly and severally liable with B to pay 140,045,067 won and damages for delay to the plaintiff.

B. If, barring any special circumstance, the authenticity of the signature affixed to the signature-keeping’s seal affixed to the document of determination is actually presumed to have been created, i.e., the act of affixing the seal is based on the will of the person who prepared the document. Once the authenticity of the seal is presumed, the authenticity of the document is presumed to have been created pursuant to Article 358 of the Civil Procedure Act. However, if it is revealed that the act of affixing the seal was done by a person other than the person who prepared the document, the document presenter is liable to prove that the act of affixing the seal is based on the legitimate title delegated by the person who prepared the