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(영문) 서울서부지방법원 2017.11.14 2017나32996
청구이의
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 is a company registered as an internal director, who is the representative of the "A" company in charge of the production and sale of a computer, and the defendant (formerly changed company: F) is a company that delivered computer parts, etc. to the "A" company in charge of the dispute resolution.

B. On February 17, 2009, the Dispute Resolution Co., Ltd entered into a product supply contract with the Defendant to be continuously supplied with computer parts, etc., signed by D as a joint guarantor of the Dispute Resolution Co., Ltd., and on the other hand, Article 7 of the said product supply contract includes the following:

(hereinafter “instant contract”). Article 7 of the Act on the Liability of Joint and Several suretiess

1. The joint guarantor of the Dispute Resolution Co., Ltd shall meet the joint and several liability without any objection to any debt currently borne by the Dispute Resolution Co., Ltd and any debt incurred in the future due to this Agreement;

2. The representative director or the representative of the Dispute Resolution Co., Ltd. shall agree to the effect of joint and several sureties from the time of this contract, even though they do not sign and seal the joint and several sureties column separately;

C. On April 28, 201, the Plaintiff, including the Plaintiff, and the joint guarantor, filed an application for payment order (Seoul Western District Court 201j3156 price for goods) with the Plaintiff for the purchase price of KRW 75,000,000 under the instant contract, and the payment order (Seoul Western District Court 201j3156 price for goods), which was served on May 12, 201 by the Seoul Western District Court as the office of the Daejeon Western District Court Co., Ltd, and received it by H on May 16, 201, the employees of the Daejeon District Court Co., Ltd received the payment order on May 16, 201, for which the payment order became final and conclusive on May 31, 2011 without submitting a written objection within 14 days.

On April 2013, the Plaintiff declared bankrupt to the Daejeon District Court (Seoul District Court 2013:705: 705; 2013Hadan705). Accordingly, the decision of bankruptcy was made on June 11, 2013 and the decision of immunity was made on July 22, 2013, and the same on August 6, 2013.

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