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(영문) 대전지방법원서산지원 2015.06.19 2015가단1682
물품대금
Text

1. The defendant jointly and severally with the construction subject to the non-party corporation at issue on January 22, 2015, as well as KRW 27,324,440 to the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 5, the Plaintiff, who is engaged in the manufacture and sales of ready-mixed, entered into a contract for supply of ready-mixeds with the construction company subject to the contract (hereinafter "non-party company") on April 15, 2014. At the time of the above contract, the Defendant jointly and severally guaranteed the non-party company's liability for payment of the non-party company to the non-party company, and thereafter, the Plaintiff supplied the non-party company with the sum of KRW 27,324,440 on August 26, 2014 pursuant to the above contract.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the total amount of KRW 27,324,440,00, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. First, the defendant asserts that the plaintiff, without properly explaining the contents and meaning of the joint and several sureties contract, had the defendant act as a private person in the contract, and that the defendant, who had no mind at the construction site, was aware of the signature as a joint and several sureties and was negligent in a simple supply contract (Evidence A 1). Thus, the defendant asserts that the above declaration of intent as joint and several sureties was cancelled on the ground of mistake caused by the plaintiff'

However, each of the statements in Gap evidence Nos. 1, 4, and 5, which can be known by comprehensively considering the purport of the entire pleadings, i.e., ① the "contractor" and the "joint guarantor" are classified into the above contract, and the defendant directly stated in the "joint guarantor" column of the above contract the "joint guarantor" in addition to his/her own personal information, the "10 million won" and "10 million won" and the "10 million won" during the guarantee period, and entered his/her name in the credit information inquiry column at the bottom of the above contract, and delivered the copy of his/her resident registration certificate to the plaintiff on December 4, 2014, and ② the defendant did not pay the plaintiff 27,324,40 won for ready-mixed.

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