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(영문) 서울남부지방법원 2017.12.12 2017가단19283
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As a cause of claim, the Plaintiff supplied paint to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and did not receive KRW 44,571,168 out of the price. The Defendant, on September 6, 2016, purchased and guaranteed the goods payment obligation of Nonparty Co., Ltd., and thus, the Defendant is obligated to pay KRW 44,571,168 to the Plaintiff as well as damages for delay.

Therefore, as to whether the defendant acquired the above goods payment obligation of the non-party company on September 6, 2016 and guaranteed the above goods payment obligation, the statement of No. 3 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, according to the evidence submitted by the Defendant, the Plaintiff is a corporation Co., Ltd., and the Nonparty Co., Ltd. acquired or guaranteed the obligation to pay for the goods to the Plaintiff, and the Defendant who acquired part of the Nonparty Co., Ltd.’s share was merely confirmed on September 6, 2016 at the Plaintiff’s request.

The plaintiff's claim is dismissed on the ground that it is without merit.

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