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(영문) 대전지방법원 2015.07.03 2014나18290
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and the first instance trial co-defendant A (hereinafter “Co-Defendant A”) and the Defendant’s name prepared on May 1, 2013 under the name of the Defendant, the representative director of the Co-Defendant A (hereinafter “Co-Defendant A”) indicated that the Plaintiff supplied ready-mixed 200 cubic meters at the site of D Construction work of the Plaintiff Co., Ltd., and the Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff for ready-mixed within the limit of KRW 150 million. The Defendant’s certificate of personal seal impression issued on November 11, 2013 is attached to the instant order.

B. C on May 24, 2013, jointly and severally guaranteed the debt owed to the Plaintiff by the Plaintiff of the Co., Ltd.

C. On November 11, 2013, A Co., Ltd. was a business partner, and the Defendant, as a confirmor, prepared and provided a letter of payment undertaking (hereinafter “instant letter of payment undertaking”) as follows.

- Written undertaking to pay - Won-Won 100,531,850 won (Won 100,531,850) (Claims as of November 10, 2013)

1. The above amount is at the site of D Construction (E Construction) as of November 10, 2013, confirming that it is the balance of the price for transactions with A Construction at the site of D Construction (E Construction) and includes the obligations to be incurred thereafter.

2. It is confirmed that the above amount should be paid by December 20, 2013 in installments in the first and second installments, and that the person who is confirmed to include the credit accrued after December 20, 2013, KRW 4,100,000,000,000,000 for the 25 November 25, 2013, and KRW 59,531,850, and November 10, 2013, may substitute for the letter of payment, etc. as a joint and several surety.

D. As of November 10, 2013, the Plaintiff owned 111,112,320 won in total to A, a corporation, as of November 10, 2013, and thereafter supplied Lebacon Co., Ltd., a corporation with Lebacon worth KRW 157,834,700 in total from November 28, 2013 to December 30, 2013 (i.e., KRW 157,834,700 in total (i.e., KRW 1 million in total) + KRW 16,410,980 in £« KRW 116,410,980 on December 30, 2013).

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