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(영문) 대구지방법원 2015.08.13 2015나1435
물품대금
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. Facts of recognition;

A. On July 16, 2012, the Plaintiff entered into a contract for the sale of ready-mixed with MSD Construction Co., Ltd. (hereinafter “MSD Construction”) on the supply of ready-mixed at the site of the 535 new construction site of GSD, MSD, Gyeong-dong, Pacific-gu, Pacific-dong, GSD Construction. In this case, the Defendant guaranteed the above obligation for the payment of ready-mixed.

B. From July 16, 2012 to September 13, 2012, the Plaintiff supplied 20,807,492 won in total to IMD Construction, and was not paid for IMD construction amounting to KRW 13,807,492.

C. On March 2, 2013, the Defendant drafted and delivered to the Plaintiff a letter of payment (Evidence A2) stating that “The payment of KRW 13,807,492 to be made by February 28, 2014,” which read that “the payment will be made by February 28, 2014.”

【Ground for recognition】 A without dispute, entry of evidence No. 3 in the evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 13,807,492 for goods and damages for delay calculated at the rate of 20% per annum from September 18, 2014 to the day of full payment after serving the original copy of the instant payment order, which the Plaintiff seeks.

3. Defendant’s assertion and judgment

A. The defendant asserts that the act of preparing the above payment angle is invalid as a false declaration of intention or a false declaration of intention, since it merely signed and sealed the above payment angle (Evidence A2) without the intention to bear the above goods payment obligation of MSD Construction upon the request of the plaintiff's business operator. Since the plaintiff's business operator well-known circumstances, the defendant asserts that the act of preparing the above payment angle is invalid as a false declaration of intention or a false declaration of intention.

B. However, it is not sufficient to recognize that the act of preparing the above payment note by only the statement 1 and 2 of the evidence Nos. 1-1 and 2 of the above payment statement constitutes a conspiracy, false representation, or a false intent expression, and there is no other evidence to acknowledge this otherwise, the defendant's above assertion

4. Conclusion.

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