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1. The Defendant shall pay to the Plaintiff KRW 181,131,887 as well as 5% per annum from September 21, 2017 to May 17, 2018 and the next day.
Reasons
1. Basic facts
A. The Plaintiff is a company that distributes cement, etc., and the Defendant is the representative director of C (hereinafter “Nonindicted Company”) who has been supplied with cement, etc. by the Plaintiff.
B. The Plaintiff supplied cement, etc. to Nonparty Company. On July 26, 2017, the Plaintiff concluded an agreement stating that “The amount receivable at KRW 203,717,637 shall be paid in installments in KRW 203,717,637,” and “the instant agreement shall be paid in installments in KRW 30,000 on August 2, 2017, KRW 60,000,000 on August 29, 2017, KRW 60,000 on September 2, 2017, KRW 53,717,637 on September 20, 2017.”
On the other hand, the Defendant entered the name and signed “B” at the bottom of the instant agreement.
C. On July 31, 2017, Nonparty Company paid KRW 22,585,750 to the Plaintiff for the same year.
8. 1. Busan District Court 2017 Gohap1017 filed an application for corporate rehabilitation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) is the Plaintiff’s assertion that guarantees the obligation to pay the outstanding amount under the instant agreement of the non-party company (hereinafter “the obligation to pay the outstanding amount”). As the Defendant signed on the instant agreement as the confirmed person under the instant agreement, the Plaintiff is obligated to pay the remainder of the material cost to the Plaintiff.
(2) The Defendant’s assertion that the Plaintiff requested a personal guarantee to the Defendant, who is the representative director of the Nonparty Company, several times, but rejected, and only prepared the instant agreement in the sense of confirming the obligation of the outstanding amount.
B. As seen earlier, the Defendant’s signature as “a person with confirmation” in the instant agreement was signed by the Defendant.
However, the following facts and circumstances, which are acknowledged as a comprehensive consideration of evidence No. 3 and witness D's testimony, are the following facts and circumstances.