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(영문) 대전지방법원 2015.07.16 2015나456

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The Plaintiff supplied C Hospital with products, such as medicine, etc. equivalent to KRW 18,804,124, which was operated by a medical corporation B (hereinafter “B”) from September 9, 2013 to October 22, 2013.

On November 2013, the defendant signed the transaction agreement between B and the plaintiff (Evidence A 1) as joint and several sureties, and used the name cards stating the position of the head of the above C Hospital administrative office at the time.

Around November 11, 2013, the Plaintiff received KRW 1,000,000 out of the price of the goods from B, and received the return of the goods equivalent to KRW 4,512,842 around December 3, 2013.

[Ground for recognition] Each entry in Gap evidence Nos. 1 through 4 (including a branch number), and the purport of the whole pleadings, but the above fact of recognition is reasonable to deem that the defendant jointly and severally guaranteed the obligation to pay the remainder of the goods to the plaintiff by the time of delivery of the payment order of this case from October 23, 2013 to September 1, 2014, and from September 201, 2014, the payment order of this case is served with 13,291,282 (=18,804,124 - 1,00,000 - 4,512,842) and the obligation to pay damages for delay at the rate of 6% per annum as prescribed by the Commercial Act and 20% per annum as to the promotion of litigation from the day following the date of delivery of the application of this case to September 1, 2014 as the date of delivery of the payment order of this case.

The defendant's assertion argues that the defendant's claim should be dismissed since it is not reasonable to accept B and demand the defendant to pay the price of goods although he/she had the obligation to pay the price of goods to B.

In the case of a joint and several sureties, the highest and joint sureties's right to defense for search is not recognized in accordance with the proviso of Article 437 of the Civil Code, and the defendant's above assertion

The defendant shall have the effect of the transaction agreement between the plaintiff and B only for the transaction after the agreed date.