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(영문) 대구지방법원 2015.02.13 2014나14281
물품대금등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be jointly and severally liable to the plaintiff with the co-defendant B of the first instance trial.

Reasons

1. Basic facts

A. The Plaintiff manufactured and supplied automation facilities from around 201 to Co-Defendant B Co-Defendant Company B (hereinafter “B”) of the first instance trial aimed at manufacturing and selling plastic machinery.

B. On November 14, 2012, the Plaintiff: (a) prepared the following agreements with respect to the outstanding settlement case and the outstanding balance in the year 2011; and (b) drafted a certificate with a notary public No. 3263, such as the third day of the law firm, etc.

(hereinafter referred to as the “Agreement”) . 2. 2. 2. 2. 2. Do (Case No. 1) No. 2011 - Submission of the specifications of each item - Data available for cost review, such as drawings, photographs and inputs - Payment at the end of the following month after the settlement of accounts with B based on the above data.

3. The balance (the balance of supply shall be 82,950,000 won, value-added tax 19,600,000 won) B through November 2, 2012 shall be paid from 1) to 1: Provided, That a written undertaking to pay performance securities (the document submitted not in accordance with the contract standards prior to the date of payment) for the end of November B (the cash storage certificate signed by one joint and several sureties, and each guarantor shall be accompanied by a certified copy of the real estate register);

C. Accordingly, B prepared, on the same day, a cash custody certificate (Evidence A7) with the intent to pay the Plaintiff the remainder of KRW 102,550,000 (i.e., the above balance of KRW 82,950,000) up to November 30, 2012 (hereinafter “the instant debt”). In this case, the Defendant signed and sealed the said cash custody certificate as a joint guarantor.

On January 17, 2013, the Plaintiff settled the accounts amounting to 40,000,000 won between Defendant B and B in the year 2011.

The Defendant signed the statement of accounts not included in the additional work (Evidence A No. 5) in 2011.

B transferred total of KRW 92,850,000 on November 29, 2012, KRW 35,350,000 on December 31, 2012, and KRW 92,850,00 on August 14, 2013 to the Plaintiff or the Plaintiff’s management D.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 7, Eul.

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