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(영문) 서울서부지방법원 2015.08.13 2014가단43376
물품대금
Text

1. The Plaintiff:

A. Defendant D and Defendant B Co., Ltd. jointly and severally KRW 29,700,490, and Defendant D with respect thereto.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by deeming confessions against Defendant Cheong assistant Construction Co., Ltd., A, B, C, and D (Article 208(3)2 of the Civil Procedure Act)

3. As to Defendant B Co., Ltd.

A. The Plaintiff asserted by the parties, around January 2013, Defendant Da agreed to pay to the Plaintiff the total sum of KRW 29,700,490,000 to be paid to the Plaintiff by February 8, 2013, and Defendant B Co., Ltd. (hereinafter “Defendant B”) jointly and severally guaranteed the said obligation to the Plaintiff on the same day.

As to this, Defendant B, a company established on June 11, 2013, which was established by himself, could not be jointly and severally guaranteed by Defendant D on January 2013, 2013, which was prior to its establishment, and could not actually be jointly and severally guaranteed.

B. The facts established on June 11, 2013 are without dispute between the parties. The act of Defendant B’s joint and several surety against the Plaintiff on or around January 2013, 2013, which was the act before the establishment of the company, is null and void against the company unless there are special circumstances. However, according to each of the evidence No. 7-1 and No. 2, Defendant D, on February 11, 2015, paid to the Plaintiff the total sum of 29,700,490 won to be paid to the Plaintiff by June 30, 2015. If the payment is not made, it can be acknowledged that Defendant B provided the above debt owed to the Plaintiff on the same day, which is a joint and several surety, the joint and several surety obligation to pay the Plaintiff the unpaid amount.

4. Conclusion, the plaintiff's claim of this case is justified, and it is decided to accept it.

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