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(영문) 광주지방법원 2015.11.27 2015가합85

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 173,797,822 and the interest rate of KRW 15% per annum from February 27, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that trades steel raw materials in 129, Seo-gu, Seo-gu, Gwangju, Seo-gu, and the Defendant is a person who engages in trade business with the trade name called Seo-gu, Seo-gu, Seo-gu.

B. On October 13, 2014, the ZIBO CHUG AI INTRAL TTRAL CO, LTD (hereinafter “NG”) entered into a contract with the Defendant to purchase the daily raw materials from the non-party company at US$172,998.02 (hereinafter “the instant supply contract”) with the non-party company on October 13, 2014, and then sent a copy of the bill of lading to the Defendant after shipping the daily raw materials.

C. On December 8, 2014, the Defendant paid 15,000 U.S. dollars to the non-party company as the down payment of the instant supply contract.

On December 30, 2014, the Plaintiff entered into a credit acquisition agreement between the non-party company and the non-party company, under which the Plaintiff would receive US$157,998.02 from the non-party company to the Defendant (hereinafter “the claim acquisition agreement of this case”), and the non-party company notified the Defendant that it transferred the claim as above on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay the remaining US dollars 157,998.02 (i.e., US dollars 172,998.02 US dollars excluding US dollars 15,000 which was already paid as the down payment pursuant to the supply contract of this case to the non-party company. The plaintiff acquired the above goods payment claim against the non-party company's defendant.

B. Meanwhile, in cases where a creditor claims for foreign currency claims by exercising his/her right to substitute payment, and then converting them into Korean currency, the court orders the debtor to perform it as the fact-finding court near to the time when the debtor performs it in reality.