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(영문) 서울남부지방법원 2019.12.17 2019가단251838
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells organic and inorganic chemical products, and the Defendant is a person who has completed business registration on March 20, 2013 with D’s trade name.

B. As between October 5, 2015 and April 28, 2017, the Plaintiff supplied goods of KRW 22,715,000 to D, and received the full payment for the goods.

C. On October 26, 2015, at the time of the commencement of the transaction between the Plaintiff and D, E prepared and delivered to the Plaintiff’s employee F a joint and several surety for all the obligations incurred in the transaction between the Plaintiff and the Defendant.

E On the same day, the Plaintiff’s obligation 45,745,600 won for the Plaintiff’s Plaintiff’s unpaid debt against G was acquired in D, and as of October 26, 2015, completed a written confirmation of the unpaid balance of the purchase price of goods confirming that the obligation against the Plaintiff was KRW 45,745,600, and issued D name cards and the Defendant’s seal.

E. On September 30, 2016, E prepared a written confirmation of the unpaid balance of the purchase price of goods confirming that the unpaid obligation against the Plaintiff was KRW 46,229,600, and the unpaid obligation against the Plaintiff on May 18, 2017, and delivered it to the Plaintiff with the seal affixed by D name plates and the Defendant.

F. On April 28, 2017, the Defendant reported the closure of D’s business.

[Ground of recognition] Facts without dispute, Gap's 1 through 8, 10 through 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The fact that a full obligation for the price of goods arising from a transaction between the Plaintiff and the Defendant in the instant transaction was paid is as seen earlier.

The Plaintiff filed the instant claim under the premise that KRW 45,745,600 of the G’s unpaid obligation to the Plaintiff operated by E was acquired D. Based on the premise that it is based on the joint and several guarantee certificates No. 7 and the confirmation certificates of unpaid balance of Gap evidence No. 8 (hereinafter collectively referred to as “instant documents”), and thus, the issue is whether the said petition is established is the issue.

(b) the seal of the holder of a title deed affixed to the relevant legal document;

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