(영문) 대구지방법원 2020.12.17 2019나322789

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.12.17 2019나322789

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

The first instance court.

Reasons

1. Basic facts

A. The Defendants concluded a new construction contract to E Co., Ltd. (hereinafter “E”) after engaging in lease and sales business by constructing a new building D.

B. E was supplied with ready-mixed from June 18, 2016 to May 17, 2017 by the Plaintiff, and was not paid KRW 2,518,782 until now.

C. On June 22, 2016, the Plaintiff demanded the owner’s joint and several sureties to prepare a supply contract with E and ready-mixed. The Plaintiff was issued the order sheet (Evidence 1; hereinafter “instant order sheet”) stating “B and one other” in the joint and several sureties column from F, an employee of the Defendants.

【Reasons for Recognition: Each entry of Evidence Nos. 1 through 5, and the purport of the whole pleadings】

2. The plaintiff's assertion and its judgment

A. 1) The summary of the Plaintiff’s assertion 1) Defendant B signed and sealed the instant order as a joint and several surety, and Defendant C is the Defendant and its partner. In addition, the instant obligation is a commercial obligation, and the Defendants are jointly and severally liable. 2) Even if Defendant B did not sign and seal the contract, the secondary employee is liable for the act of signing and sealing the Defendant B’s seal imprint.

B. According to the results of the original text of this case that conforms to the judgment of Defendant B as to the assertion of joint and several liability, according to the results of the original text of this case, ① the stamp image of the original text of this case is not based on the seal impression of Defendant B, but ② the entry of “project owner” in the relevant column with the contractor is also HDB, and according to the entries in the evidence No. 5 of this case (the second date for pleading in the trial), the Plaintiff is also the Plaintiff’s employee, and ③ the person who entered “B non-party 1” in the original text of this case is the original text of this case, which was working in E, and there is no other evidence to acknowledge that the original text of this case was signed and sealed by Defendant B. Thus, the joint and several liability of the Defendant is recognized.

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