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(영문) 광주지방법원 2014.10.16 2014가단5680
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff supplied ready-mixed to Han River Construction Co., Ltd. from November 3, 2009 to March 11, 2013. The Plaintiff asserted that the Defendant (formerly: Company B) jointly and severally guaranteed the obligation to pay ready-mixeds for Han River Construction, and sought payment of the unpaid ready-mixed amount of KRW 54,794,810 against the Defendant.

With respect to the plaintiff's supply of ready-mixed, the health stand for the defendant's joint and several sureties, and Gap evidence Nos. 1 (Certificate of Foreign Claim) submitted by the plaintiff as evidence is insufficient to recognize the authenticity only with the entries and the purport of the whole pleadings as evidence Nos. 4 and 5, and there is no other evidence to acknowledge it. Thus, this cannot be used as evidence, and there is no other evidence to acknowledge the fact of joint and several sureties by the defendant. Thus,

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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