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(영문) 인천지방법원 2017.10.19 2017가단208170
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 173,045,648 and the interest rate of KRW 15% per annum from December 16, 2016 to the date of full payment.

Reasons

1. The parties' assertion

A. The Defendant is jointly and severally liable to pay the price of the goods by the Plaintiff Company B (hereinafter “B”).

B. The defendant is presumed to have not signed the defendant's joint and several sureties, and it is presumed that the accounting staff B has been prepared after reporting to C.

2. Facts of recognition;

A. On January 3, 2014, the Plaintiff agreed to supply steel products within the limit of KRW 200 million (monthly 100 million) to B, and in-house directors C jointly and severally guaranteed the above goods payment obligation.

B. On March 6, 2014, a document stating that the Defendant and C jointly and severally guaranteed the above goods payment obligation (hereinafter “instant joint and several guarantee document”) signed and sealed each of them (hereinafter “instant joint and several guarantee document”) was prepared. A certificate of personal seal impression issued by C as of February 26, 2014 and a certificate of personal seal impression issued by C as of February 27, 2014 are separately attached.

C. The Defendant and C assumed office as the representative director of B on March 10, 2014, and the Defendant and C are both spouses.

The price that the Plaintiff was not paid by supplying steel to B until April 30, 2016 is KRW 173,045,648.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

3. Determination

A. As the Defendant’s seal imprint is affixed to the joint and several surety of this case, and the Defendant’s seal imprint is attached, it is deemed that there was an act of affixing the Defendant’s seal based on

Therefore, the authenticity of the joint and several surety of this case is presumed to be established (the defendant bears the responsibility to prove that the joint and several surety of this case was forged, and there is no evidence to recognize it).

As a joint and several surety, the Defendant is obligated to pay to the Plaintiff 173,045,648 won and damages for delay at the rate of 15% per annum from December 16, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

4. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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