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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion is that the Plaintiff manufactures and sells ready-mixed, etc., which are construction materials, and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) sells construction materials, etc., and Defendant C, as the representative director of the Defendant Co., Ltd., jointly and severally guaranteed the Defendant Co., Ltd’s obligation to purchase
From November 17, 2016 to April 18, 2018, the Plaintiff supplied the Defendant Company with a total of KRW 710,111,930, and received KRW 664,070,330 from the Defendant Company.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the price of the goods 46,041,600 won (710,111,930 won - 664,070,330 won, hereinafter “the outstanding amount”) and damages for delay.
2. Determination:
(a) even if the document is a disposal document proved to be authentic, its probative value may be rejected when there exists a counter-proof or reasonable ground to see the content stated in that document as contrary to objective truth;
(See Supreme Court Decision 95Nu3398 delivered on October 13, 1995, etc.). B.
According to the statement of Gap evidence No. 7 (Written Confirmation of Balance), the defendant company appears to have a debt equivalent to the claim of this case against the plaintiff. However, the defendant company may recognize the whole purport of the argument in each statement of Eul Nos. 14 through 16, 20 through 25 (including each number), but the following circumstances are that Eul, the head of the plaintiff's business team, operates "F" selling ready-mixed, etc. in the name of Eul, which is the location of the company, and "F" supplied ready-mixed from the plaintiff and reselled it to "G," which is a small business entity. D, the head of the plaintiff's business team, arranged the ready-mixed transaction between the plaintiff and the defendant to avoid joint guarantee of ready-mixed price for the plaintiff company, and the defendant company, upon the request of D, re-enters the amount deposited by Eul, etc. to "F".