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(영문) 광주지방법원목포지원 2020.01.29 2019가단607
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that: (a) around January 17, 2018, from January 29, 2018 to January 29, 2018, the Defendant supplied D Co., Ltd. (hereinafter “Nonindicted Company”) whose representative director is the Defendant’s company with grains, etc. equivalent to KRW 64,442,00 in accordance with the Defendant’s order.

(2) The Defendant agreed that the goods payment obligation of the non-party company against the Plaintiff should be jointly and severally guaranteed at the time of entering into the instant supply contract, or that the goods payment under the said supply contract will be made to the Plaintiff thereafter.

Therefore, the Defendant is obligated to pay 34,442,00 won (=64,442,000 won - 30,000 won) for the remainder of the goods except for the amount of KRW 30,000,000, which the Plaintiff was paid to the Plaintiff and delay damages therefrom.

2. According to the overall purport of each of the statements and arguments in Gap's evidence Nos. 2, 3, and 4, it is recognized that the defendant stated the facts that the defendant is the representative director of the non-party company, such as the fact that the defendant is the person in charge or acceptance.

However, the above facts and the statements in Gap evidence Nos. 2 and 8 are sufficient enough to stand the defendant's joint and several surety for the plaintiff of the non-party company.

It is insufficient to recognize that there was a separate agreement to the effect that the Plaintiff would repay that agreement, and there is no evidence to acknowledge that the Defendant, other than the non-party company that is the party to the instant supply contract, is liable to pay the price for the goods under the said supply contract to the Plaintiff (the repayment plan).

Therefore, the plaintiff's above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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