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(영문) 의정부지방법원고양지원 2015.11.20 2015가단6152
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 72,084,60 and Defendant A Co., Ltd. from April 24, 2015.

Reasons

Comprehensively taking account of the statements in Gap evidence 1 through 5 (including paper numbers), Eul evidence 1 and 2 and the purport of the entire pleadings in witness Eul's testimony, the plaintiff supplied ready-mixeds equivalent to KRW 122,084,600 to the construction site, the owner of the building, and received KRW 50,000,000, as part of the price, between July 31, 2014 and October 14, 2014; Eul was permitted to use the name of the defendant corporation; on July 21, 2014, between the plaintiff and the defendant corporation in the name of the defendant corporation Eul (hereinafter referred to as "the contract of this case"); the plaintiff issued the tax invoice on supply of the above ready-mixed to the defendant corporation Eul; and at the time of preparing the contract of this case, the person in charge of the construction site as a joint guarantor of the defendant corporation's seal impression was also acknowledged as having been signing the contract of this case.

However, in light of the fact that Defendant B stated at the date of the second pleading that “it is merely a formal seal,” the Defendant B appears to have been aware of the fact that it is included in the contract of this case as a joint guarantor. Considering such circumstance and the above fact of recognition together, C’s signing and sealing on the column of joint and several sureties of the contract of this case is lawful representation.

When comprehensively taking into account these circumstances, Defendant A Co., Ltd. is liable for the name of the name of the name of the name of the company, and Defendant B is a joint and several surety.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 72,084,60 (i.e., KRW 122,084,600 - KRW 50,000) and the Defendant A Co., Ltd., from April 24, 2015, and from December 20, 2014, from September 30, 2015, the following day after the delivery of the copy of the instant complaint, Defendant B, a copy of the instant complaint, to September 30, 2015.

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