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(영문) 서울서부지방법원 2015.07.02 2015나421
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Comprehensively taking into account the descriptions of Gap's basic facts, Gap's evidence Nos. 1 through 5, 7, 8, and 9 (including paper numbers), and the fact-finding results with the head of the Jung-dong Seoul High District Office of Employment and Labor Agency of the first instance, the purport of the pleadings is as follows: ① The plaintiff, a selling company, entered into a supply contract of ready-mixed (hereinafter referred to as "this case's ready-mixed supply contract") with Gap on January 23, 2013, entered into the supply contract of ready-mixed (hereinafter referred to as "this case's ready-mixed supply contract") with Eul on January 24, 2013 to March 14, 2013; ② the amount equivalent to KRW 369,96,600, which was 38-3,000 from the Mapo-dong Seoul High-dong Seoul High-dong Foundation of Employment and Labor Agency; ② the plaintiff, as a joint guarantor of the defendant company's order Nos. 163, and 150.

2. Judgment on the plaintiff's assertion

A. The Plaintiff first concluded the instant ready-mixed supply contract on behalf of the Defendant Company A, claiming that the Defendant Company was obligated to pay the above price for the remainder of the supply as the party to the above ready-mixed supply contract. As such, the part of the name of the Defendant Company No. 1, which appears to correspond thereto, among the evidence No. 1 (main documents) cannot be used as evidence because there is no evidence to prove the authenticity. The evidence submitted by the Plaintiff, such as each of the evidence No. 8 and No. 10, and the copy of the Defendant Company’s business registration certificate at the time of the conclusion of the instant ready-mixed supply contract and the Defendant Company’s business registration certificate, were presented to the Defendant Company B’s director at the time of the conclusion of the instant ready-mixed supply contract and used the title as the Defendant Company B director.

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