물품대금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. The relevant part of the judgment of the court of first instance, which is based on the facts
(2) The Defendant is obligated to pay to the Plaintiff the amount of KRW 61,101,350,000 (hereinafter referred to as the “the instant credit payment obligation”) of the credit payment obligation incurred until the time of the instant transfer contract, barring any special circumstance, to the Plaintiff, among the amount of KRW 62,100,000 (hereinafter referred to as the “the credit payment obligation”), and damages for delay.
3. Judgment on the defendant's assertion
A. 1) The Defendant’s assertion that he is exempted from liability 1) The Defendant’s assertion B took over the credit payment obligation of this case with exemption from liability, and the Plaintiff consented to this, so the Defendant’s credit payment obligation of this case was extinguished. 2) The fact that the Plaintiff acquired the credit payment obligation of this case from the Defendant is recognized as above, but the evidence submitted by the Defendant alone took over the above obligation with exemption from liability.
It is insufficient to recognize that the Plaintiff consented to the foregoing assumption of obligation. Rather, as seen above, at the time of the conclusion of the instant assumption of obligation, the Plaintiff and B agreed that “B shall take over the Defendant’s obligation to the Plaintiff and perform it together with the Defendant.” This seems to clearly express the Plaintiff’s intent not to accept the assumption of obligation with the Defendant. Therefore, the Defendant’s assertion is without merit.
B. 1) The Defendant’s assertion B on the assertion that the payment of the credit amount was performed by the Plaintiff after the debt acquisition contract of this case, and this was preferentially appropriated to the credit payment obligations of this case that became due according to the order of statutory appropriation, and all of the credit payment obligations of this case were extinguished.
B. The amount that the Plaintiff’s assertion B repaid to the Plaintiff after the debt acquisition contract of this case is concluded or designated by the Plaintiff and B is new between B and the Plaintiff, not the existing credit payment liability of this case.