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(영문) 서울남부지방법원 2019.08.23 2019가합103240

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence No. 3 and evidence No. 4-1 through No. 4 of the judgment as to the cause of the claim, it is acknowledged that the Plaintiff entered into a contract with the Defendant to deliver the collective location, etc. to be used for the newly built electrical construction of C apartment units with the contract amount of KRW 229,900,000,00, and the delivery period of the delivery period from January 3, 2018 to February 28, 2018 (hereinafter “instant contract”) and that the Defendant supplied all of the above location to the Defendant around February 20, 2018 and March 31, 2018. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the price of the supply to the Plaintiff, 229,900,000, and delay damages therefrom, barring any special circumstances.

(2) The Defendant’s defense against the Plaintiff (hereinafter “Defendant’s above obligation”) is a defense that the Defendant exempted the Defendant from the obligation to pay the price of the instant case.

According to the evidence No. 1, the plaintiff, the defendant, and D, on July 25, 2018, the plaintiff succeeded to and pay the price obligation of this case that the defendant should pay to the plaintiff on behalf of D, and the plaintiff agrees thereto, and the plaintiff cannot claim civil or criminal damages after the termination of the plaintiff's claim against the defendant, and the plaintiff is not entitled to confirm that there is no obligation to the defendant. In light of the above document No. 1, it is not only specified as a contract of debt assumption, but also it is stated that the plaintiff cannot claim civil or criminal damages against the defendant after the termination of the plaintiff's claim against the defendant. In light of the above document No. 1, it is reasonable to view that the plaintiff and D have agreed to assume the defendant's obligation of this case against the plaintiff and the defendant to assume the obligation of debt assumption that the defendant is exempted from the above obligation. Accordingly, the defendant's obligation of the above payment of this case is an agreement of debt assumption.