(영문) 광주지방법원 2018.12.21 2018나3089 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원 2018.12.21 2018나3089

물품대금

Text

1. The plaintiff's primary claim added by this court is dismissed.

2.(a)

Of the judgment of the first instance, the defendant is against the defendant.

Reasons

1. The reasons for this part of the basic facts are as stated in the third part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The primary claim is that the Defendant is a substantial party who entered into a goods supply contract with the Plaintiff with respect to the instant construction project (hereinafter “instant goods supply contract”). Thus, the Defendant asserts that the Defendant should pay KRW 100,822,661 for the goods unpaid to the Plaintiff and the damages for delay.

However, according to the purport of the evidence Nos. 1 and 3 and the whole arguments, the contract of this case is written by the contract parties B and joint guarantor C, the plaintiff is the party to the goods supply contract of this case in the first instance trial, the defendant and Eul asserted that they are joint and several suretys of the above contract of this case. Accordingly, the judgment accepting the plaintiff's claim is rendered and confirmed as it is, and the person who actually participated in the conclusion of the goods supply contract of this case appears to be B. In light of the fact that the part of the evidence No. 3, No. 4, No. 7, 8, 9, 10, 11 and 12 (including the number of pages; hereinafter the same shall apply) are written by each of the evidence No. 3, and it is insufficient to recognize that the party to the goods supply contract of this case is the defendant.

Therefore, the plaintiff's above assertion is without merit.

B. (i) Preliminary Claim: F, the Defendant, as a joint and several surety of the superior company (company) of the instant transaction agreement, stated “C E site agent F” in the joint and several surety (company) column of the Defendant’s claim, and affixed his seal thereto. As a joint and several surety of the instant goods supply contract, the Defendant is jointly and severally liable to pay KRW 100,822,661, the price of the goods unpaid to the Plaintiff, as the principal obligor B and the Plaintiff,

D. (A) The commercial employee, who has a partial comprehensive power of attorney in accordance with Article 15 of the Commercial Act, shall be the trade employee.

참조조문

-민사소송법 제420조

-상법 제15조

유사 판례

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-서울북부지방법원 2016.03.30 2014가합21483

-서울남부지방법원 2015.03.26 2013가합15068

-서울중앙지방법원 2019.06.19 2017가합563804