(영문) 대전지방법원홍성지원 2015.04.28 2015가단489

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(영문) 대전지방법원홍성지원 2015.04.28 2015가단489

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 February 27, 2013, the Plaintiff entered into a contract for the supply of ready-mixed with the Sung-friendly Industry Development Co., Ltd. (hereinafter “Ma-friendly Industry Development”). B and C jointly and severally guaranteed the obligation to pay for ready-mixed, and D, the father of the Defendant, signed and sealed the part of the order (Evidence No. 1) written by the Defendant, which is a contract for the supply of ready-mixed, signed and sealed by the Defendant.

B. From February 27, 2013 to August 27, 2013, the Plaintiff supplied ready-mixeds equivalent to KRW 96,027,855 for the development of sexual friendship, but the development of sexual friendship does not pay KRW 58,727,855 out of the price of the goods.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties' assertion 1) The defendant jointly and severally guaranteed the defendant's obligation for the payment of the price of ready-mixed to the plaintiff of sexual friendship industry development, and the defendant is liable to pay the price of the goods that are not paid to the plaintiff as joint and several sureties and the compensation for the delay thereof to the plaintiff. 2) The defendant did not delegate his authority to the defendant D with the joint and several sureties with respect to the payment of the price of ready-mixed products to the plaintiff of sexual friendship industry development,

B. If the seal imprinted by his/her seal affixed to the document concerned 1-related legal principles, barring any special circumstance, the authenticity of the seal imprint is actually presumed to have been formed, i.e., the act of affixing the seal is based on the will of the person in whose name the document was written. Once the authenticity of the seal is presumed, the authenticity of the entire document is presumed in accordance with Article 358 of the Civil Procedure Act. However, if it is proved that the act of affixing the seal was done by a person other than the person in whose name the document was written, such presumption is broken, and thus, the document

참조조문

-민사소송법 제358조

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