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(영문) 창원지방법원진주지원 2017.07.06 2016가합373
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “Non-Party Company”) is a corporation that is engaged in the steel processing business, etc., and the defendant was registered as the representative director on the corporate register of the above company, and the defendant’s husband C as the inside director, and the person who actually operated the above company C.

B. On December 31, 2015, Nonparty Company: (a) provided the Plaintiff with the main raw materials and processed them to supply steel products to the Plaintiff’s construction site; and (b) supplied the processed steel bars upon entering into a contract with the Plaintiff to supply steel products; (c) did not supply the processed steel bars upon being supplied with the main raw materials after March 9, 2016.

C. On March 11, 2016, the Plaintiff and C drafted a notarial deed of a debt repayment contract with the content that the obligee as the Plaintiff, the debtor as the non-party company, and the joint guarantor C to pay the unpaid steel value of KRW 450 million by March 20, 2016.

On the other hand, on April 14, 2016, C drafted a letter of undertaking that the Plaintiff and the debtor would repay KRW 450 million to the Plaintiff by April 22, 2016 (hereinafter the instant letter of undertaking), and signed and sealed the Defendant’s seal impression and his own unmanned on the letter of undertaking, and issued the Defendant’s seal impression (Evidence 3) to the Plaintiff.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 6 and 8, Witness D and C's testimony, and the result of inquiry into notary public E by this court, and the purport of the whole pleadings

2. The plaintiff's assertion asserts that the defendant is responsible for paying to the plaintiff the amount of KRW 450 million according to the agreement under the agreement of this case for the following reasons. A.

The defendant, who is the husband and the actual operator of the non-party company, delegated the right to prepare the letter of commitment of this case to C, and C prepared the letter of commitment on behalf of the defendant.

B. The Defendant did not grant C the power of representation regarding the preparation of the instant declaration even if the assertion was made by expressive representation.

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