양수금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Determination C as to the cause of the claim: (a) from February 2009 to May 2012, an agent was operated in Ansan-si, Ansan-si; (b) the Defendant was an employee who provided the delivery and collection services at the above postal agency; (c) however, the Defendant did not pay C part of the amount of the amount of the deposited milk by May 31, 2012, which was closed the said postal agency; (d) a partial repayment was made; (e) the remainder of the amount of the outstanding amount of KRW 6,812,965 as of August 20, 2014; (e) C transferred the outstanding amount to the Plaintiff on August 20, 2014; and (e) the Defendant received a notice of assignment of claims from the Defendant on March 11, 2015, without dispute between the parties concerned; or (e) the purport of the entire evidence stated in subparagraphs 1, 1, 2, and 25, respectively.
Therefore, barring special circumstances, the Defendant is obligated to pay C’s 6,512,965 won and damages for delay, which the Plaintiff acquired against C’s Defendant, out of the above outstanding amounts, to the Plaintiff.
2. The defendant's defense is a defense that the defendant paid 200,000 won on August 24, 2015 and paid 200,000 won on November 19, 2015 of the same year, and thus, the defendant's defense is justified, since the fact that the defendant paid 40,000 won as above is not a dispute between the parties.
Therefore, the Defendant is obligated to pay 6,112,965 won (i.e., 6,512,965 won - 400,000 won) and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 1, 2012 to April 21, 2015, which is the sentencing date of the first instance court, to dispute about the scope of the obligation of performance of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as there is no ground.