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(영문) 의정부지방법원 2016.01.14 2015가단10110

물품대금

Text

1. The Defendant’s KRW 47,509,755 as well as the Plaintiff’s KRW 20% per annum from March 3, 2015 to September 30, 2015.

Reasons

1. In full view of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff runs an original wholesale business with the trade name “B,” and the Plaintiff supplied the Defendant with an original set of KRW 62,909,755 around November 30, 2013 and December 31, 2013, and received KRW 15.4 million among them.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay 20% per annum from March 3, 2015 to September 30, 2015, and 15% per annum from the next day to the day of full payment (62,909,755 won - 15,400,000 won) of the remainder of the goods, as well as damages for delay at the rate of 47,509,755 won (i.e., 62,909,755 won - 15,40,000 won) and as the Plaintiff seeks.

2. On the judgment of the defendant's assertion, the defendant asserts that, as the defendant transferred his claim against the defendant's plastic width to the plaintiff in lieu of the payment of the above price of goods, the above price of goods has extinguished.

It is not reasonable to presume that a debtor transfers other claims to a creditor in relation to the repayment of obligations to be transferred by means of a security for repayment of obligations or a repayment, barring special circumstances, barring any special circumstance. Thus, in such a case, the assignment of claims cannot be deemed extinguished immediately when the assignment of claims is transferred, and the debtor is relieved of obligations within the extent of the repayment performed by the creditor (see, e.g., Supreme Court Decision 2012Da4098, May 9, 2013). In this case, there is no special circumstance to deem that the Defendant’s assignment of claims is substituted for the repayment of the Plaintiff’s goods payment to the Defendant, and thus, the Defendant’s assertion is without merit.

3. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.