beta
Text
1. The Defendant shall jointly and severally pay to the Plaintiff KRW 34,94,128 as well as the full payment with the Plaintiff from April 15, 2017.
Reasons
1. Facts of recognition;
A. On September 5, 2016, the Sungsung Special River Co., Ltd. (hereinafter “Nonindicted Company”) transferred to the Plaintiff the claim for the purchase price of goods KRW 64,94,128 against Nonparty Company B (hereinafter “B”).
B. As to the letter of consent to the assignment of claims that “B and the Defendant received the notification of the assignment of claims in the presence of the place of the assignment of claims between the transferor and the transferee,” B affixed a name plate on the debtor column, and the Defendant, the representative of B, signed and affixed a private person on the joint and several guarantor column.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the defendant jointly and severally guaranteed the non-party company B's obligation to pay 34,94,128 won and damages for delay to the plaintiff who acquired the non-party company's obligation to pay the price for the goods to the non-party company. Accordingly, the defendant's claim against the defendant is asserted to the purport that the defendant's claim against the defendant is not acceptable on the grounds that he signed in the joint and several surety column of the above letter of claim transfer as a joint and several surety for confirming the contents of the joint and several surety for confirming the contents of the consent to the assignment of claims. The plaintiff merely explained to the defendant that he merely guaranteed the contents of the assignment of claims without any explanation of the joint and several surety for the obligation to pay for the goods.
B. We examine whether the defendant's joint and several sureties is recognized as a joint and several sureties, and the following circumstances, namely, the defendant, the representative of B, attended the assignment of claims between the non-party company and the plaintiff at the location of the assignment of claims, and the defendant prepares and gives a written consent regarding the said assignment of claims.