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(영문) 대전지방법원천안지원 2017.05.11 2016가단111221

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 76,074,936 and the interest rate of KRW 15% per annum from July 30, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. A new interest enterprise (hereinafter “new interest enterprise”) had claim against the Defendant for the amount of KRW 76,074,936 and the gold repair cost.

B. Around April 19, 2016, a new interest enterprise transferred KRW 76,074,936 to the Plaintiff the price of the goods and the amount of gold repair expenses, and notified the Defendant of the transfer, and the notification was delivered to the Defendant on June 21, 2016.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 (including branch numbers), and the purport of whole pleading

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 76,074,936, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 30, 2016 to the day of full payment, as the Plaintiff seeks.

B. The defendant's assertion argues that since the plaintiff acquired all the purchase obligations arising from the business transfer contract between the new company and the new company (hereinafter "new company") and transferred all the purchase obligations arising from the business transfer contract between the new company and the new company (hereinafter "the new company"), the defendant's claim that the defendant did not have the defendant's obligation to take over the new company against the defendant any more when it deducteds or offsets the defendant's claim against the defendant of this case.

The testimony of the witness A alone is insufficient to recognize that the Plaintiff acquired all the purchase obligations due to the business of the first time, including the debt owed to the Defendant of the first time. Since there is no other evidence to support this, the first time’s above assertion on a different premise is without merit without further examining the remainder of the issue.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.