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(영문) 대전지방법원논산지원 2016.10.20 2015가단4415

레미콘대금

Text

1. The Defendant shall pay to the Plaintiff KRW 52,218,780 and the interest rate of KRW 15% per annum from October 31, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 as to the cause of the claim, the plaintiff supplied ready-mixed prior to the date on which the defendant becomes the owner of the building before becoming the owner of the building, and the amount of ready-mixed in KRW 52,218,780 for ready-mixed supplied from October 14, 2013 to March 21, 2014 is unpaid. The construction was suspended on May 2014 and became a new owner of the building around that time, and the defendant became a new owner of the building on September 22, 2014 in order to continue to be supplied with ready-mixed with the above construction from the plaintiff, the plaintiff confirmed that the price of the container that the plaintiff was the owner of the building was the above amount, prepared a written confirmation of the obligation to pay, and issued it to the plaintiff by December 12, 2014.

Therefore, the defendant shall be deemed to have taken over the obligation of another debtor with respect to the payment obligation of the above ready-mixed, and it is a matter of interpretation of the intention of the party to whom the obligation is to be discharged, and it is a matter of interpretation as to whether the obligation is exempted or not, and if the counter-defensor is not clear, it shall be deemed that the counter-defensor has taken over the obligation of the other debtor jointly with the debtor, at least the defendant shall be deemed to have taken over the obligation of the price of the goods of the other debtor, and the defendant shall be liable to pay the above 52,218,780 won to the plaintiff as the creditor.

2. The Defendant’s defense of the defense that all of the above obligations were satisfied. Thus, there is no dispute between the parties as to the fact that the Defendant paid the Plaintiff from May 28, 2014 to November 20, 2014, and the amount of the repayment reaches KRW 51,100,000.

As to this, the plaintiff was paid the above amount.