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(영문) 수원지방법원안산지원 2014.12.31 2014가단109921
물품대금
Text

1. Defendants A and C shall jointly and severally serve as KRW 27,903,470 on the Plaintiff, and Defendant A shall be from September 13, 2014; and Defendant C shall be jointly and severally serving as Defendant C.

Reasons

1. Determination as to claims against Defendant A and C

(a) Indication of claims: To be as shown in the annexed sheet of grounds for claims;

(b) For Defendant A: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

(c) Against Defendant C: Judgment by deeming confession (Article 208(3)2 of the Civil Procedure Act)

2. The Plaintiff asserts that on January 14, 2013, when Defendant B supplied a seal seal, etc. to Defendant A’s operation, the unpaid goods amounted to KRW 33,403,470, the Defendant B guaranteed the Plaintiff’s joint and several obligation to the Plaintiff. As such, Defendant B is obliged to pay to the Plaintiff the remainder of the outstanding goods payment amounting to KRW 27,903,470, which is the remainder of the said joint and several liability after the said unpaid goods payment amount.

Although there is no dispute between the parties that the joint and several sureties of the evidence No. 4 (Prohibition of Unsettled Goods Deposit) affixed the rubber and seal of the defendant B, the fact that the above defendant B's rubber and seal are the plaintiff, there is no evidence to prove that the defendant C was authorized to affix the rubber and seal to the above defendant B's rubber, and there is no other evidence to prove the authenticity of the above joint and several sureties's column, the evidence No. 4 cannot be used as evidence of the fact that the defendant B guaranteed the plaintiff's joint and several sureties's obligation to pay for the goods of the defendant A, and there is no other evidence to prove the fact that the above joint and several sureties's joint and several sureties's obligation to the plaintiff, and there is no other evidence to prove the fact of joint and several sureties, the above argument is without merit without any further need to examine the remainder of

3. Thus, the plaintiff's claim against the defendant A and C 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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