물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. According to the purport of the Plaintiff’s evidence No. 3 as to the cause of the claim and the entire pleadings, the Plaintiff is obligated to provide the Defendant with alcoholic beverages from December 27, 2010 to the present day, and to pay the goods price of KRW 2,227,096. Thus, barring any special circumstance, the Defendant is obliged to pay the Plaintiff the goods price of KRW 2,227,096 and the damages for delay.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion B succeeded to the instant goods payment obligation by taking over the instant goods Enodes Bank located in Busan Metropolitan Government D from C, and as F and G are present at the time, the Plaintiff’s employees are the Plaintiff’s consent.
Therefore, the defendant's obligation to pay the goods of this case against the plaintiff was exempted from liability B.
B. In light of the following circumstances: (a) B’s undertaking (Evidence A) written on October 29, 2013, which shows that only KRW 15 million is specified, and (b) B is deemed to have taken over the obligation of the Plaintiff, taking into account that only KRW 2,5 million is the sum of KRW 10 million and KRW 15 million, and KRW 15 million is written on its own debt to the Plaintiff; and (c) the acquisition of the obligation of the H company upon taking over the H company’s goods upon taking over the H company’s goods upon taking over the H company’s goods, it is difficult to deem otherwise to have taken over the obligation of the Defendant’s goods.
In addition, the issue of whether the assumption of an obligation is jointly and severally discharged should be determined by the interpretation of the legal act. However, if the intent of the parties is not clear, it should be interpreted as co-existence for the protection of creditors (see Supreme Court Decision 87Meu3104, May 24, 198). Therefore, B (a) as the Defendant’s assertion.