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(영문) 수원지방법원 2019.01.16 2018가단527479
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 36,068,639 and the interest rate thereon from June 28, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was a company that supplied the pelpel boxes to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant D and Defendant C jointly and severally guaranteed the Defendant Co., Ltd’s goods payment obligations, etc. with respect to the Plaintiff on November 7, 2016, setting the joint and several guarantee period from November 7, 2016 to November 7, 2018.

B. The Defendant Company did not pay a total of KRW 36,068,639 (hereinafter “instant price for the instant goods”) even if it was supplied by the Plaintiff from February 2, 2018 to March 3, 2018.

C. Meanwhile, Defendant D was in the position of joint representative director of the Defendant Company from October 28, 2014 to October 28, 2017.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings (the defendant company and defendant C shall be deemed to have led to confession of the above facts)

2. According to the above facts finding as to the cause of the claim, the defendants are jointly and severally liable to pay 36,068,639 won for the goods of this case and damages for delay claimed by the plaintiff.

3. Determination as to Defendant D’s assertion

A. The summary of the assertion is that Defendant D has jointly and severally guaranteed the obligation to pay the goods to the Plaintiff of the Defendant Company, but this means that he/she will be liable for the payment of the goods incurred during the period of his/her joint representative director of the Defendant Company.

The price of the goods of this case for which the plaintiff is seeking payment is sought shall not be the object of joint and several liability, as it is after retirement from the joint representative.

B. However, the following circumstances recognized based on the evidence and the purport of the entire pleadings submitted by the Plaintiff, namely, joint and several surety (Evidence A 3) in Defendant D’s name stipulate the time and completion period of the joint and several surety period, while Defendant D’s joint and several surety liability is not entirely stated on the premise that Defendant D is in the joint and several representative status of the Defendant Company, or that Defendant D is in the joint and several surety liability under the premise that Defendant D is in

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