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(영문) 창원지방법원 2017.01.25 2015나3284
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was as follows: (a) each of the instant payment orders was finalized to discharge the above obligation even though the Plaintiff did not bear the joint and several liability for the obligation for the payment of ready-mixed goods G and D for the following reasons.

As the defendant is subject to compulsory execution, such as seizure and collection order under the Changwon District Court 2014 other bond 1163 upon each of the above orders for payment, the defendant is subject to compulsory execution. Therefore, he/she is entitled to be dismissed from compulsory execution.

1) Although it is recognized that the Plaintiff signed and sealed on the joint and several guarantee column of each of the instant orders, the part on the guarantee limit was blank, but D or the Defendant arbitrarily stated the guarantee limit and altered each of the instant orders, and thus, each of the instant orders was not effective against the Plaintiff. 2) Even if each of the instant orders was not modified, the Plaintiff jointly and severally guaranteed the payment obligation by coercion or deception, and at least the Plaintiff jointly and severally guaranteed the said obligation by means of an intention, not an error, spashion, or intention.

3) Even if the Plaintiff jointly and severally guaranteed the obligation of ready-mixed with G and D, the Plaintiff paid all the construction cost contracted to G and D, and thus, the Plaintiff is not obligated to pay the Defendant additional amount of the ready-mixed price used for the said construction. (B) Determination 1) Each of the following circumstances recognized as a result of an appraisal and the entire purport of the pleadings of appraiser H on October 13, 2016, namely, that is, the Plaintiff’s seal affixed to D after stating “Wllllllllllllllllllllll (Wllllllllllllllll 170,000,000)” in the guarantee limit column of the order of this case.

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