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(영문) 부산지방법원 2018.09.14 2017나10197
물품대금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 5,024,579 against the Plaintiff and its related costs from October 27, 2014 to October 2017.

Reasons

1. Where the purport of the entire argument is added to the statement in the evidence No. 2 of the judgment as to the cause of the claim No. 2, the defendant prepared and delivered a letter to the effect that "C shall pay KRW 5,024,579, which is the balance remaining after paying part of the goods payment obligations to the plaintiff to the plaintiff by October 26, 2014 (hereinafter "each letter of this case") in the name of the Co., Ltd. (hereinafter "C") around September 29, 2014 (hereinafter "C"), and the defendant, the representative director of C at the time of the preparation of each letter of this case, stated "I promise to perform the above matters" and written the defendant's signature next to it, and it can be acknowledged that the defendant signed the defendant again after stating the defendant's name, resident registration number, mobile phone number, address, etc. at each bottom of this case.

According to the above facts of recognition, it is reasonable to view that the defendant signed the above letter with respect to C's obligation for the payment of goods to the Plaintiff as joint and several sureties. As such, the defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5,024,579 won, the balance of the above goods, and 6% per annum from October 27, 2014 to October 11, 2017, the delivery date of the copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Accordingly, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so revoked, and it is so decided as per Disposition by the court below to order the payment of the above money to the defendant.

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