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(영문) 서울중앙지방법원 2017.10.27 2017나17749
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is written or added as follows. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “H” in the table No. 2 of the first instance judgment No. 1 of the part written or added shall be applied to “R”.

The "Field Name" column 2 of the second letter of the judgment of the court of first instance shall be applied to the "S".

The third 15th of the judgment of the first instance court shall be applied in addition to the following:

In addition, even though the contract of this case is interpreted as "the defendant's joint and several guarantee obligation for the plaintiff of the company other than the plaintiff," as alleged by the plaintiff, the defendant concluded a joint and several guarantee contract with the recognition that the scope of guarantee is limited to the obligation for the goods supplied to the plaintiff of the company other than the E and three lots, which constitutes an important error of legal act, and thus, the defendant asserts that the above contract is revoked in accordance with Article 109 of the Civil Code."

The 5th of the judgment of the first instance court in the 5th of the 5th of the 13th of the 5th of the 5th of the 13th of the 5th of the 5th of the 5th of

The following shall be added between the 5th and 20th of the judgment of the first instance.

In addition, it is difficult to recognize that the Defendant concluded a joint and several surety contract by mistake as limited to the obligation for the goods supplied to the outside and the third sites on the basis of the statement of the evidence No. 10, and there is no other evidence to acknowledge otherwise.

Therefore, the defendant's defense of "the cancellation of a contract on the ground of mistake" based on this premise is not reasonable.

[Attachment 5] 20,000,000 won shall be limited to 30,00,000 won, which is the limit of guarantee.

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