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(영문) 춘천지방법원영월지원 2017.06.21 2015가단11316
물품대금
Text

1. The Defendants jointly share KRW 23,225,00 to the Plaintiff, and Defendant Limited Partnership Company A with respect thereto from August 26, 2015.

Reasons

Comprehensively taking account of the facts without dispute over the cause of the claim, Gap 1 through 4 (including additional numbers), Eul 1 and 2 evidence, the plaintiff supplied 50,407,50 won to the defendant limited partnership company A from May 14, 2013 to April 30, 2014. The plaintiff prepared a "written confirmation of the price of goods" with the purport that the remaining amount after receiving part of the above price as of July 30, 2014 is 26,25,00 won, and the defendant Eul prepared and delivered written confirmation of the price of goods to the plaintiff on December 10, 2014 with the purport that the above amount will be paid to the plaintiff, and the defendant limited partnership company as the principal debtor, the defendant limited partnership company as the principal debtor, and the defendant limited partnership company as the principal debtor, and the defendant limited liability company as the principal debtor from May 14, 201 to 26, 205, and 206.

(A) The Plaintiff asserted that Defendant B is a joint and several surety; however, the foregoing evidence alone is insufficient to acknowledge that Defendant B jointly and severally guaranteed beyond guaranteeing the obligation to pay the price, and there is no other evidence to prove otherwise). The Defendant limited partnership company, which judged the claim of Defendant B as to the claim of Defendant B limited partnership company, claims that the “written confirmation of the failure to pay the price of goods” was not effective as having been prepared by the agreement between the Plaintiff and the Defendant B, but there is no other evidence to acknowledge the above assertion solely on the basis of the written evidence No. 1, 2, and 3.

In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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