logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.19 2019나76599
물품대금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On November 27, 2018, the Plaintiff (D previously changed) entered into a contract with C to supply building materials (hereinafter “instant contract”).

B. As of February 21, 2019, the Plaintiff supplied building materials to C under the instant contract, and as of February 21, 2019, the obligation to pay the remainder of the goods under the instant contract to C is KRW 18,586,43, and the agreed overdue interest rate is 18% per annum.

C. The Defendant was the wife of C at the time of the instant contract. In the column for joint and several sureties for the obligation of the instant contract (Evidence A No. 1), the Defendant’s address and name are indicated as the acceptance of the Defendant’s name (in relation to whether the Defendant himself/herself stated, this refers to the portion indicated as the acceptance of the joint and several sureties obligation) and the Defendant’s seal impression is affixed on the name and the name.

In addition, documents prepared as of the contract date of this case, stating that the defendant's joint and several sureties guarantee letter (Evidence A 5) stating the defendant's joint and several sureties's joint and several sureties's obligation to pay goods to the plaintiff, the defendant's name and name are received, and the defendant's seal impression is affixed to the name and the defendant's personal seal impression is affixed

(2) In the event that each of the joint and several guarantee agreements and the letter of joint and several guarantee agreement is referred to as the "joint and several guarantee agreement of this case", the joint and several guarantee agreement of this case stated in the joint and several guarantee agreement of this case is referred to as the "joint and several guarantee agreement of this case" (which is grounds for recognition).

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Defendant is the party who entered into the instant joint and several guarantee contract with the Plaintiff, and is jointly and severally liable with C, the primary debtor. 2) Even if the Defendant did not directly conclude the instant joint and several guarantee contract with the Plaintiff.

Even if the defendant is issued directly by himself, the certificate of personal seal impression is issued.

arrow