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(영문) 부산고등법원(창원) 2016.09.29 2016나21691
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a stock company C on June 25, 2012 (hereinafter “foreign company”).

B) As between the Plaintiff and the factory of the non-party company, the Plaintiff’s packaging machinery, etc. (hereinafter “the instant machinery”) shall be the non-party company’s factory

(1) A contract under which the non-party company will make and establish a contract to pay the Plaintiff the amount of KRW 1.46 billion to the Plaintiff (hereinafter referred to as “instant contract”).

The Defendant (the representative director of the non-party company at the time of the instant contract) entered into a contract on the same day.

(2) On January 2013, 2013, the Plaintiff manufactured the instant machinery and installed it in the factory of the non-party company. 2) The Plaintiff filed an application for the instant payment order with the first instance court on June 28, 2013, when it did not receive the payment from the non-party company, and the Plaintiff filed an application for the instant payment order with the non-party company.

On July 2013, E, one of the joint representative directors (at the time E and F were the joint representative directors of the non-party company) of the non-party company receiving the original of the payment order, consulted on the reduction of the price on the grounds that the plaintiff was excluded from construction of the machinery to be manufactured and installed under the contract of this case. The plaintiff and the non-party company determined the price under the contract of this case as KRW 1.3 billion.

[Ground of recognition] The fact that there is no dispute, Gap evidence 3, Eul evidence 1, 4, 7, Eul evidence 10-3, 4, 8, and 10, and the purport of the whole pleadings

B. According to the above facts, the defendant is a joint and several surety for the payment obligation to the plaintiff of the non-party company, and is jointly and severally with the non-party company, other guarantor E and D, the principal debtor, and the non-party company shall pay 1.3 billion won for the manufacture and installation work of the machinery of this case, which the plaintiff and the non-party company finally confirmed (the plaintiff asserts that the price under the contract of this case is 1.4 billion won, but the plaintiff is the plaintiff.

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