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(영문) 부산지방법원 2015.10.28 2015가단2177
물품대금
Text

1. The Defendant shall jointly with the Plaintiff KRW 51,918,00 and the interest rate thereon from November 22, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in oil supply in the trade name of “Criju station,” and the Defendant is a company that engages in chartered bus transportation business and vehicle management commuting business.

B. The Plaintiff continued to supply the oil to Nonparty D Co., Ltd. (hereinafter “D”) who is engaged in the chartered bus transportation business and the vehicle management commuting business, etc., and the amount of unpaid oil to D around 2014 was KRW 51,918,000.

(hereinafter “instant oil payment obligation”) C.

Meanwhile, on July 1, 2014, when the Defendant acquired part of the right to transport chartered bus transportation business from D, the Defendant prepared a “certificate of debt succession” stating that “The Defendant succeeded to the obligation of the instant oil payment to the Plaintiff, and the Plaintiff consented thereto,” and that “B, the representative director of D, signed and sealed the said certificate of debt succession as the guarantor.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if there are additional numbers, including each number; hereinafter the same shall apply), Gap evidence No. 3-1 (the confirmation of succession to obligations and the defendant does not dispute on the affixed part of the seal, and the authenticity of the entire document is presumed to have been established as a whole, since there is no dispute over the affixed part of the document. The defendant defense that this document was made by force or deception, but there is no evidence to acknowledge it), Gap evidence No. 3-2, witness Eul'

2. Determination

A. In full view of the above facts of determination as to the cause of the claim, the Defendant is liable to jointly pay the amount of unpaid petroleum to the Plaintiff according to the assumption of obligation as above, on July 1, 2014, since it is determined that the Defendant succeeded to the obligation of the instant oil payment to the Plaintiff, the Plaintiff consented thereto, and B entered into an agreement guaranteeing the obligation.

Therefore, the defendant jointly with the plaintiff B 51,918.

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