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(영문) 부산지방법원 2018.04.11 2017나59338
물품대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendants promised Defendant C to pay 48% additional obligations to the Plaintiff’s claims in addition to the rehabilitation plan, and (b) delivered by facsimile the instant commitment to the effect that Defendant C’s above obligation is jointly and severally guaranteed; (c) the Plaintiff consented thereto and sent the Plaintiff by facsimile the name of the Plaintiff and the Plaintiff’s agent in the “creditor” column of the instant commitment.

Therefore, the Defendants are jointly and severally obligated to pay the Plaintiff the money claimed in accordance with the instant letter of commitment.

In addition, the defendants could not pay the price of KRW 128,910,000, but could not be paid the price of the goods, they deceiving the plaintiff to receive the goods and followed the above amount by taking the rehabilitation procedure.

B. According to each of the statements in Gap evidence Nos. 1 through 5 with respect to the claims under the instant letter of undertaking, the fact that the names and seals of the plaintiff and the plaintiff’s agent are affixed to the “creditor” column of the instant letter of undertaking (Evidence No. 2) and the fact that the plaintiff continues to engage in the supply transaction with the defendants even around September 2012 while the rehabilitation procedure of defendant C is in progress.

However, the above facts alone are insufficient to recognize that “the Plaintiff and the Defendants have entered into an additional repayment and joint and several guarantee agreement under the instant promise” by providing the Defendants with a letter of commitment stating the Plaintiff’s signature as the above assertion, etc., and there is no other evidence to acknowledge otherwise.

In addition, as seen earlier, the instant commitment is additionally required when the Plaintiff, a creditor, consents to the approval resolution of the rehabilitation plan and is authorized and carried out.

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