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(영문) 청주지방법원 2017.12.22 2017나2046
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 7, 2016, the Plaintiff’s summary of the Plaintiff’s assertion entered into an agreement on the supply of ready-mixed with Company B (hereinafter “B”). On the same day, the Defendant jointly and severally guaranteed the obligation to pay ready-mixed B under the above agreement.

From June 16, 2016 to September 7, 2016, the Plaintiff supplied 58,757,130 won in total to B.

However, since B did not pay the price for the supply of ready-mixed to the Plaintiff, the Defendant, a joint guarantor, is liable to pay the Plaintiff the total amount of KRW 58,757,130 and the delay damages.

2. In light of the reasoning of the judgment, evidence No. 1, which seems to correspond to the Plaintiff’s assertion, is insufficient to acknowledge the authenticity by only a part of the testimony by the witness C of this court, and it cannot be admitted as evidence, as there is no other evidence to acknowledge this.

In addition, each part of the evidence Nos. 2 and 3 is insufficient to acknowledge the plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance, which differs from this conclusion, is unfair, and the plaintiff's claim is dismissed.

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