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(영문) 의정부지방법원 2016.06.10 2015가단14341
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the assertion on the cause of claim

A. The Plaintiff’s primary assertion 1) On July 7, 2014, Nonparty B’s primary assertion is KRW 72,592,300 at par value for the payment of the purchase-price to the Plaintiff, the due date, December 31, 2014, and Promissory Notes (hereinafter “instant Promissory Notes”).

The Defendant issued the Promissory Notes, and signed and sealed the Promissory Notes as endorser in this case within the meaning of the joint and several sureties. Since the Plaintiff presented the Promissory Notes on the date of payment but refused payment, the Defendant is liable to pay the said Promissory Notes as a joint and several surety for the Plaintiff’s goods payment obligation, or as an endorser of the Promissory Notes, Nonparty B is liable to pay the said goods payment obligation as a joint and several surety. (2) The Defendant is liable to pay the Promissory Notes in this case as the Defendant’s agent, and the Defendant is liable to pay the instant Promissory Notes. Even if there was no right of representation against the Plaintiff, even if there was no right of representation against the Plaintiff, the Plaintiff believed that the Plaintiff had the right of representation, and there was a justifiable reason to believe this,

B. 1) On the main argument of the Plaintiff, the evidence No. 4, which corresponds to the Plaintiff’s assertion, cannot be used as evidence because there is no evidence to prove the authenticity of the part of the Defendant’s endorsement, and other materials submitted by the Plaintiff alone are insufficient to recognize that the Defendant made an endorsement on the Promissory Notes in this case and made a joint and several surety for the non-party B’s obligation to pay the goods to the Plaintiff. The Plaintiff’s assertion is without merit, and there is no other evidence to acknowledge it. 2) In light of the result of the appraiser C’s written appraisal and the fact inquiry as to the head of the Gu/Si/Gu community service center, the Defendant’s name and the purport of the entire pleadings

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