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(영문) 부산지방법원 2014.10.01 2013나22284
손해배상(기)등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 4, 6, and 7:

F had a claim for the amount of goods equivalent to KRW 14,463,00 for G Co., Ltd. (H) (the Changwon District Court Decision 2009Gau4647 decided May 7, 201). A claim for damages (the Busan District Court Decision 2011Gau175842) was filed against E and the Defendants around June 7, 2011.

(The above lawsuit was concluded on March 23, 2012 as the withdrawal of the lawsuit). (B)

The Plaintiff had a claim against F for the price of goods. On September 27, 2011, the Plaintiff acquired the said claim for the price of goods and the claim for damages from F due to the payment in substitutes therefor.

C. Meanwhile, on March 27, 2008, I acquired the above company, and on April 27, 2008, E included the following provisions in I, and Defendant D was a joint and several surety.

2. Each person shall be jointly and severally liable for, and shall settle the repayment immediately, in cases where any obligation for payment other than contributions to the Financial Cooperative, obligation for performance, obligation after the date of stock transfer, or obligation or tax due to causes prior to the date of stock transfer;

6. There is no tax and public charges to pay national taxes, local taxes, four major insurance premiums, etc., and there is no false tax invoice for the last five years, and verify that there is no tax invoice payable on credit, unpaid benefits, and retirement allowances, and, even after transfer, if there is no such tax invoice for materials, construction cost, wages paid to officers and employees, retirement allowances, and other liability, each of them shall be jointly and severally liable and immediately settled.

2. Determination as to the claim against Defendant D

A. According to the Plaintiff’s assertion 1 above, Defendant D is jointly and severally liable with E when there is an obligation to pay the goods unpaid at the time of acquisition by the above company, and Defendant D is jointly and severally liable to pay it.

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