logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2016.11.18 2016가단8421
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 14, 2015, when the Plaintiff and B entered into a contract for the supply of ready-mixed with the Plaintiff on September 14, 2015, the Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff, and the Defendant is obligated to pay KRW 66,961,690 for ready-mixed which the said company failed to pay to the Plaintiff.

2. The Plaintiff, as evidence of the above assertion, submitted only the evidence No. 1 (Recidal order contract) that the Defendant signed and sealed on the joint and several surety column, and the Defendant asserted that the part in the above contract was forged.

Witness

In full view of the purport of the argument in C's testimony, the defendant is registered as a director in the form of the above company at the request of C, who is a representative director of the above company, and the management has not been involved at all, and C, at the time of entering into the above ready-mixed Supply Contract, at the request of the plaintiff, without obtaining the defendant's consent or permission, arbitrarily recorded the defendant's personal information in the joint and several surety column and affixed the defendant's seal under custody. The plaintiff was issued the above contract which was completed by C, and then the plaintiff did not directly confirm the defendant's intention of guarantee by means of telephone, etc., and C did not notify the defendant of the above joint and several surety, and it was recognized that the defendant did not receive the copy of the complaint in this case and the defendant was aware of it only after receiving the copy of the complaint in this case. According to the above, it

Thus, the evidence No. 1 cannot be admitted as evidence because the authenticity is not recognized, and there is no other evidence to acknowledge the defendant's joint and several sureties, and the plaintiff's claim of this case cannot be accepted.

3. The plaintiff's claim is dismissed.

arrow