물품대금
1. The judgment of the first instance against the defendant is revoked, and the part of the plaintiff's claim is dismissed.
2. The plaintiff and the defendant.
1. (1) On November 24, 1997, the Plaintiff, who operated the “E” agency, sold in total at KRW 17,067,00 the goods listed in the separate sheet (hereinafter “instant goods”) to C who is engaged in the manufacturing business of the electric heat machinery parts (hereinafter “the instant goods”), and then delivered the goods to C around that time.
(2) The contract of this case is written as joint and several sureties by D and C.
(3) On March 26, 1998, the Plaintiff sent a content-certified mail to the effect that on March 26, 1998, the Defendant’s signature stated in the instant contract is not the penology of the Defendant, but the stamp image attached to the Defendant’s name is not by the Defendant’s seal.
(A) Around that time, the Plaintiff’s claim for the payment of the purchase price of this case against the Defendant, etc. before the instant lawsuit was filed. Since then, the Plaintiff closed its business on November 30, 1998.
(4) Meanwhile, the Plaintiff seized corporeal movables owned by the Defendant on November 28, 2018, based on the judgment of the first instance court, which is a judgment by public notice, and received approximately KRW 7,10,000 during the subsequent sale procedure.
(5) The above facts do not conflict between the parties, or can be acknowledged by each description of Gap evidence of Nos. 1 through 4 (including each of them), and by the purport of the whole pleadings, and there is no evidence that interferes with this.
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion that the plaintiff sold the goods of this case to C, and since the defendant jointly and severally guaranteed C's obligation to pay the price for the goods of this case, the defendant is liable to pay the price for the goods of this case
B. Determination as to the Plaintiff’s assertion (1) Even if the Defendant jointly and severally guaranteed the instant goods payment obligation, it shall be as follows.