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(영문) 의정부지방법원 2015.11.05 2014가단110167
채무부존재확인
Text

1. Claims under a joint and several guarantee contract between Dongyang Co., Ltd. and the Plaintiff on March 19, 2013.

Reasons

1. Basic facts

A. The Plaintiff is in a de facto marital relationship with C from around 2004, and the spouse of C’s de facto marriage D is the actual operator of F Company E.

B. On March 19, 2013, F Co., Ltd., a supplier of ready-mixeds, concluded a supply contract with Dongyang and ready-mixed.

(hereinafter referred to as the “instant ready-mixed claim”) arising from the said contract.

On March 18, 2013, Dongyang Co., Ltd. received an order with the Plaintiff’s signature in the joint and several surety column of the above contract on the date of the above contract (hereinafter “instant order”). On March 18, 2013, it sent to the Plaintiff a certificate of content that “the Plaintiff accepted the supply of ready-mixeds in the Eastyang, which was performed by the F Company, and audited it, and audit it, and audit it for the settlement of joint and several sureties in the order form.”

On July 25, 2013, Dongyang Co., Ltd. entered into a business takeover agreement with the defendant company, and the defendant was transferred all the rights on the instant ready-mixed claim from Dongyang on September 11, 2013.

E. On November 4, 2013, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff would pay KRW 81,617,877 out of the amount of ready-mixed goods, as the title “case of demanding the repayment of the unpaid amount of goods.” On November 14, 2013, the Plaintiff sent to the Defendant a certificate of content that “No joint guarantee has been granted.”

F. On April 3, 2014, the Defendant provisionally attached the Plaintiff’s real estate by having the claim for the instant ready-mixed price as the claim claim under the Chungcheong District Court Decision 2014Kadan311.

G. On May 12, 2014, the Plaintiff filed a complaint with E and the Defendant’s person in charge of the Defendant with the voice police station for forging private documents. E, on August 20, 2015, entered the column for joint and several sureties of the main document as the Cheongju District Court 2015Kadan230, in the column for joint and several sureties of the principal document, the maximum amount of A and the guaranteed liability shall be KRW 100,000,000,000, and without authority, for the purpose of exercising

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