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(영문) 창원지방법원진주지원 2016.06.21 2016가단864
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 2014, the Plaintiff entered into a contract with Nonparty B on the content that the Defendant would supply ready-mixed at the site of the new construction work site located in the South Sea-gun C, which is the owner of the building (hereinafter “instant contract”).

B. The contract of this case is written by the defendant as a joint guarantor.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The plaintiff asserts that since D, at the time of the contract of this case, the defendant's representative at the time of the contract of this case, agreed to stand a joint and several surety for the above ready-mixed supply price, the defendant should pay 21,649,000 won for ready-mixed price and delay damages therefor to the plaintiff.

The evidence No. 1 does not exist to prove the authenticity of the evidence (the plaintiff is prepared by Eul, an agent of the defendant, by delegation of the authority to make a preparation to E, but the statement of No. 4 alone cannot be admitted as evidence). Each statement of No. 2 through No. 4 is insufficient to recognize the plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case premised on the defendant's joint and several liability is without merit.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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