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(영문) 수원지방법원 2020.01.08 2018나80353
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The fact-finding and decision of the first instance court are justified even if the evidence submitted in the first instance court for the acceptance of the judgment of the first instance is based on the evidence submitted to this court.

Therefore, the reasoning of this Court concerning this case is consistent with the reasoning of the judgment of the court of first instance, except for the addition or modification as follows, with the exception of the addition or modification as to “2. Addition or modification. . . . . . . . .”

2. The part added or amended is 2 pages 12 of the 2nd 12th 2nd 12, “a good offices (one person)” as “a good offices (one person).”

3. In the face of five pages, the “limited partnership company D” shall be deleted.

The 3th 12th 12th 2th 2th 2th 3th 3th 3th 200.

3. To delete 12 pages 12. A swine farm shall be deleted.

5 pages 5, 5, 5, and 5, shall be referred to as "settlement".

5. 17 pages 17 of the "...... are obligated to perform the obligation of the Plaintiff. The Defendant, around May 2014, stated that the Plaintiff will continue to engage in the supply of pigs. The Defendant, in a special relationship with E, which actually controls the management of the limited partnership company D, shares economic benefits with the limited partnership D or directly or indirectly affect the management, and thus, is not a guarantor under Article 2 subparagraph 1 of the Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015; hereinafter "Surety Protection Act"), and thus, even if the contract of guarantee was not concluded in writing, the Defendant bears the obligation to guarantee the said money, the outstanding amount of the payment for the transaction with the limited partnership D.

6. 7. There is no evidence of "no evidence".

Article 2 subparagraph 1 (c) of the Surety Protection Act provides that a person who has a special relationship, such as representative, director, general partner, or the spouse, lineal ascendant or descendant, etc. of an oligopolistic stockholder or a person who has de facto control over the management of an enterprise under Article 39 (2) of the Framework Act on National Taxes

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