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(영문) 인천지방법원 2019.07.17 2019가단213336
외상대금
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 sold bedclothes to D.

B. On October 12, 2017, the Defendant completed the registration of the establishment of a neighboring E Apartment F (hereinafter “instant real estate”) with respect to the Plaintiff, the Plaintiff, as the registration office of the Incheon District Court, No. 374831, Oct. 13, 2017, which received on October 13, 2017, of the maximum debt amount of KRW 50,000,000,000 from the registration office of the Incheon District Court, D and the Plaintiff as the mortgagee.

C. Voluntary auction procedure was initiated to the Incheon District Court G with respect to the instant real estate, and the distribution procedure was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff supplied D with bedclothess equivalent to KRW 50 million, and the Defendant guaranteed D’s obligation for the purchase price of goods. As such, the Defendant is obligated to pay the Plaintiff the price of the D’s goods at KRW 50 million and damages for delay.

B. The above recognition alone is insufficient to recognize that the Defendant guaranteed D’s obligation to pay for the goods to the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit without further review.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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