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(영문) 수원지방법원안양지원 2019.02.13 2018가단9362
물품대금
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 68,755,600 as well as its annual interest from June 1, 2018 to November 9, 2018.

Reasons

1. Claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the application;

(Provided, That "creditor" shall be deemed "Plaintiff", and "debtor" shall be deemed "Defendant", respectively. (b)

applicable provisions of Acts: Article 208(3)3 of the Civil Procedure Act (Judgment by public notice)

2. According to Article 428-2(1) of the Civil Act regarding the determination of the claim against Defendant D, the guarantee shall take effect only when the intent is indicated in writing with the name and seal or signature of the guarantor.

The Plaintiff’s claim against Defendant D is without merit, inasmuch as it is difficult to view the Plaintiff’s certificate of No. 2 (Reimbursement Plan) as a document indicating Defendant D’s intent to guarantee, and there is no other evidence to acknowledge that Defendant D’s intent to guarantee was indicated in writing.

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