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(영문) 창원지방법원 2015.12.16 2015가단15170
물품대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 30,178,00 and the interest rate thereon from October 2, 2015 to the day of full payment.

Reasons

1. The Plaintiff asserts that the Defendant Company A (hereinafter “Defendant Company”) sought payment of KRW 30,178,000 of the price claim for the goods against the Defendant Company, and the Defendant Company is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

Therefore, the plaintiff's claim against the defendant company is accepted.

2. Determination as to the claim against the defendant B

A. Defendant B, as the actual president of the Defendant Company, jointly and severally guaranteed the Defendant Company’s above product payment obligation.

Therefore, Defendant B is jointly and severally liable to pay the above goods price liability with the Defendant Company.

B. According to the statements in Gap evidence Nos. 1 and 2, the signature of the defendant B was affixed to the "president" column of the order written by the defendant company, and at the bottom of the document "request for the payment of the price of goods" sent by the defendant company to the plaintiff, "Reference: B" is stated, and the fact that the signature of the defendant B is written next thereto is recognized.

However, the above facts alone are insufficient to recognize that Defendant B jointly and severally guaranteed the goods payment obligation against the Plaintiff by Defendant B, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s claim against Defendant B is without merit.

3. In conclusion, the plaintiff's claim against the defendant company is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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