(영문) 서울서부지방법원 2016.08.19 2015가단227263

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(영문) 서울서부지방법원 2016.08.19 2015가단227263

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that sells ready-mixed.

B. On November 10, 2014, the Plaintiff entered into a contract (hereinafter “instant supply contract”) with Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to supply the Plaintiff’s ready-mixed at the site of D new construction in Seo-gu, Seo-gu, Gwangju (hereinafter “instant supply contract”) in the form of the instant supply contract.

C. The “joint guarantor” column of the instant supply contract is written by the Defendant as joint and several sureties, and is signed and sealed by the Defendant’s name.

(On the other hand, E, the representative director of the non-party company, is also a joint guarantor in addition to the defendant).

The actual operator of the non-party company is the non-party F, and F and the defendant were living together in a de facto marriage relationship or living together in the business to be entered into the supply contract of this case.

E. According to the instant supply contract, the Plaintiff supplied the non-party company with ready-mixed equivalent to KRW 44,693,220 between November 11, 2014 and November 29, 2014. Among them, the balance of the goods that was not settled until the time of the instant lawsuit was KRW 36,693,220, and thereafter, around September 14, 2015, the amount of KRW 10 million with the KB National Card in the name of the Defendant was settled with KRW 26,693,220 (hereinafter “price of the instant goods”).

F. Although Nonparty Company and F were the Defendants of the instant lawsuit, the said compulsory conciliation decision became final and conclusive on October 29, 2015, due to the lack of objection to the compulsory conciliation decision made on October 29, 2015, under the conciliation procedure (this Court Order 2015s money3914) that was referred ex officio by this Court.

(The contents of the above decision of compulsory adjustment are jointly and severally paid to the plaintiff 26.7 million won to the non-party company and F in installments on two occasions). The fact that there is no dispute over the grounds for recognition, the entries in Gap 1, 2, 3, 4, 11, and Eul 7, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The plaintiff is the defendant of this case.

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