beta
(영문) 대구지방법원 2018.12.05 2018나308656

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a business entity that runs the wholesale and retail business of the mutual name of “C” and the Defendant is a business entity that operates a mutual hospital of “D Hospital.”

B. From September 11, 2015 to December 30, 2016, the Plaintiff supplied drugs on credit to the Defendant. The amount of the goods unpaid by the Defendant is KRW 14,602,262.

C. On January 4, 2017, the Plaintiff entered into an agreement with the Defendant and E on the assumption of obligations (hereinafter “instant agreement on the assumption of obligations”) with the following content.

1. E succeeds to the obligations of the pharmaceutical expenses currently in the D Hospital, and E takes over the Defendant’s debt of KRW 14,600,000 to the Plaintiff as of the effective date of this Agreement, and the Plaintiff consents thereto.

2. Detailed matters concerning the repayment of obligations after the above assumption of the obligation is made shall be determined through consultation of the plaintiff and E.

The payment shall be made in installments in three months after three months have elapsed from the date of the contract.

On July 4, 2017, the Plaintiff drafted an agreement with E that “E will repay the Defendant’s debts of KRW 14,600,000 to the Plaintiff on three occasions ( July, October, 2017),” and the F guarantees that “E will pay the Defendant’s debts of KRW 14,60,000 to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the parties’ assertion 1) The agreement on the assumption of obligation of the Plaintiff constitutes the assumption of obligation jointly and severally, and the Defendant’s obligation to the Plaintiff remains. As such, the Defendant is obligated to pay the Plaintiff the price of KRW 14,600,000 for the goods that were not paid to the Plaintiff, and the delay damages therefor. (2) According to the Defendant’s assumption of obligation agreement, under the agreement on the assumption of obligation of the Plaintiff, E was agreed to receive not only the assumption of the obligation but also the assumption of the obligation. The Plaintiff drafted the agreement on the assumption of obligation of the Plaintiff

Therefore, the defendant's debt has been extinguished, thus responding to the claim of this case.