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(영문) 대전지방법원 2016.12.20 2016나4196
약정금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

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

3...

Reasons

1. On September 20, 2012, the Plaintiff concluded a commodity supply contract with the Defendant and accordingly supplied goods equivalent to KRW 12,579,600 in total on September 22, 2012 and September 28, 2012.

Since a joint and several surety B, which guaranteed the above goods payment obligation of the Defendant and the Defendant, only KRW 9,00,000,000 among the above money, the goods payment that the Defendant did not pay at present is KRW 3,579,600, the Defendant is liable to pay the unpaid goods according to the goods supply contract with the Plaintiff.

2. The judgment unit, Gap evidence No. 1 (the contract form) cannot be used as evidence since there is no evidence to prove the authenticity of the petition, and the statement of evidence No. 2 through No. 7 cannot be used as evidence. The plaintiff's assertion is without merit, since there is no evidence to prove otherwise.

3. The plaintiff's claim against the defendant in the decision of the court of first instance is dismissed as without merit. Since the part against the defendant in the decision of the court of first instance is unfair in its conclusion, the plaintiff's claim against the defendant is dismissed, and it is so decided as per Disposition.

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