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(영문) 인천지방법원 2016.06.21 2015나15481
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

1. According to the records on the legitimacy of appeal subsequent to subsequent completion, the court of first instance is recognized as having received the original copy of the judgment on September 2, 2015 and filed a subsequent appeal on September 15, 2015 after having received the original copy of the judgment from the Credit Counseling and Recovery Committee that visited the Plaintiff for the loan of living funds at the end of August 2015, and having received the original copy of the judgment on June 10, 2010, and served the original copy of the judgment by public notice on June 12, 2010.

If so, the defendant could not observe the appeal period due to a cause not attributable to him, so the subsequent appeal of this case is lawful.

2. Judgment on the merits

A. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 and 5, the plaintiff entered into a transaction agreement with the defendant on March 8, 2008 that the plaintiff would supply the mixed feed for livestock to the defendant within the limit of 300 million won (hereinafter "the transaction agreement of this case"). At that time, C and B jointly and severally guaranteed the defendant's goods payment obligation under the transaction agreement of this case (hereinafter "the obligation of this case") to the plaintiff. The plaintiff supplied the defendant with the mixed feed equivalent to KRW 24,943,380 to the defendant around March 2008.

According to the above facts of recognition, the defendant, C, and B are jointly and severally liable to pay to the plaintiff 24,943,380 won and delay damages.

B. On the judgment of the defendant's assertion, the defendant asserts that since he only lent his name to D for the purpose of the instant transaction agreement, D, a real trader, shall be liable for the instant obligation.

Sheet Nos. 4 and 5, respectively.

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