logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.04.25 2016가단37154
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion asserts that the defendant as the representative of B, as the representative of B, is jointly and severally liable for the payment of the goods to the plaintiff of B, the defendant is obligated to pay to the plaintiff the amount equivalent to the unpaid goods price of B and the amount equivalent to the damages for delay.

2. First of all, there is evidence No. 1 as to whether the defendant jointly and severally guaranteed the defendant's obligation to pay for the goods to the plaintiff of the corporation B, and evidence that seems consistent with the above evidence No. 1. The joint and several surety column of the above evidence No. 1 includes the defendant's name, address, resident registration number and signature.

On the other hand, private documents are presumed to be genuine when the signature, seal, or seal of the principal or his agent is affixed (Article 358 of the Civil Procedure Act), and there is no evidence to acknowledge that the defendant directly stated his name, etc. in the joint and several liability column of the above evidence No. 1, and the plaintiff stated that he was issued the above evidence No. 1 by C directly operating the corporation B, and it is not possible to identify the above joint and several liability column. The above evidence No. 1 cannot be used as evidence because there is no evidence to acknowledge the authenticity, and it is insufficient to recognize that the defendant is a joint and several liability surety of the corporation No. 2 through No. 5.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow