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(영문) 의정부지방법원 2015.07.09 2014나54909
물품대금
Text

1. The part against the defendant in the judgment of the court of first instance is revoked.

2. The defendant shall pay 25,080,000 won to the plaintiff and this shall apply.

Reasons

1. Basic facts

A. From July 9, 2007, the Plaintiff supplied Nonparty B (hereinafter referred to as “Nonindicted Company”) with typists. However, the Plaintiff discontinued the supply of typists from December 2008 to Nonparty B (hereinafter referred to as “Nonindicted Company”) as the Nonparty Company failed to pay typate the typium.

However, when the supply of the services to the non-party company was suspended from the Plaintiff, the Plaintiff, the Defendant, and the non-party company reached an agreement between the third party on behalf of the non-party company on the way that the Plaintiff continued to supply the services on behalf of the non-party company, and the Defendant would pay the services on behalf of

(The details of the agreement between third parties are examined in paragraph 3 (b) below. (B)

E, the representative director of the non-party company, is K's k's, which is the defendant's representative director, and the non-party company concluded a concrete transport contract with the defendant and received transportation charges from the defendant.

C. According to the agreement referred to in the above item (a), the Plaintiff resumed the delivery to the non-party company, and the Defendant supplied the Plaintiff with a total of KRW 85,646,00 (including additional tax) from February 9, 2009 to October 20, 2010.

The Defendant paid on behalf of the non-party company KRW 60,56,00,00 corresponding to the portion supplied from February 9, 2009 to April 5, 2010, out of the amount of other foreign goods, by means of delivering promissory notes or electronic bills to the Plaintiff and settling accounts in an amount equivalent to the said amount. However, the Defendant did not pay KRW 25,080,000 (including surtax; hereinafter “the price of the instant goods”) corresponding to the portion supplied from April 28, 2010 to October 20, 2010.

【Ground of recognition-based dispute】 The entries in Gap's Evidence Nos. 1, 7, 9, 20, 21 (including paper numbers; hereinafter the same shall apply) and Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion is that the defendant has jointly and severally guaranteed the non-party company's obligation to pay the price of the goods.

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