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(영문) 부산지방법원서부지원 2017.12.22 2017가단6984

매매대금

Text

1. The Defendant shall pay to the Plaintiff KRW 102,282,601 and the interest rate of KRW 15% per annum from July 27, 2017 to the day of full payment.

Reasons

1. The fact that the Plaintiff, who is engaged in the manufacturing business of the judgment phones as to the cause of the claim, has continuously supplied the Defendant who is engaged in the manufacturing business of newphones by February 2, 2017, and was not paid the price of KRW 102,282,601, may be acknowledged by considering the overall purport of the pleadings as a whole in the items of evidence Nos. 1, 2, and B No. 1.

Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 102,282,601, and damages for delay calculated at the rate of 15% per annum from July 27, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the payment order.

2. The defendant's assertion asserts that the amount equivalent to the above claim should be deducted from the amount of non-payment because the defendant's claim for the price of the goods equivalent to KRW 61.9 million against the third party is transferred to the plaintiff for the repayment of the price of the goods.

According to the evidence evidence Nos. 3 and 4, around January 16, 2017, the defendant entered into a contract on the transfer of the goods price claim amounting to KRW 61.9 million held by the defendant to the plaintiff. However, barring special circumstances, the transfer of the obligation to the creditor in relation to the repayment of the obligation to the creditor is presumed to have been transferred by means of a security or repayment for the repayment of the obligation, and it is not deemed to substitute for the repayment of the obligation. In such case, the transfer of the obligation cannot be deemed to have immediately terminated if the obligation is transferred to the creditor, and the obligor shall be exempted from the obligation within the scope of the obligation when the creditor received the repayment of the assigned obligation (see, e.g., Supreme Court Decision 95Da1660, Dec. 22, 1995). According to the evidence Nos. 4, the plaintiff and the defendant can be acknowledged that the obligation is extinguished only when the creditor demanded the satisfaction of the claim to the amount of the company.