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(영문) 인천지방법원 2016.09.22 2016나4655
납품대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall make a note in the attached list from the plaintiff.

Reasons

1. As to the cause of claim

A. Fact-finding 1) The Plaintiff delivered a sponsor phone to the Defendant. On April 16, 2013, the unpaid portion of the supplied goods on the price of goods on April 16, 2013 is KRW 10,113,201 (hereinafter “the instant goods price”). 2) The Defendant endorsed and transferred to the Plaintiff a bill in the attached list issued by Bolue Household Co., Ltd. in the form of an electronic bill (hereinafter “instant bill”).

3) The Bolue Household Co., Ltd. failed to pay the instant bill on the due date, and the instant bill was settled in default on August 2, 2013. 4) On November 12, 2013, the Plaintiff received KRW 2,022,639 from the Bolue Household Cooperative Consultative Council on November 12, 2013 and transferred the instant bill.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. In the absence of special circumstances, the Defendant is obligated to pay 8,090,562 won (10,113,201 won for the instant goods - the transfer price of the instant bill - KRW 2,022,639) and damages for delay as sought by the Plaintiff, as requested by the Plaintiff.

2. As to the defendant's argument

A. 1) The instant bill is endorsed and transferred in lieu of the payment of the instant bill. As such, all of the instant goods payment obligations were extinguished. 2) The judgment is divided into cases where: (a) the debtor, with respect to the performance of the existing obligation, intends to extinguish the existing cause obligation and to maintain only the new obligation; (b) the so-called “payment” is delivered for the purpose of the payment of the existing obligation; and (c) the so-called “for the purpose of the payment of the existing obligation” is delivered for the purpose of the security of the payment of the existing obligation, unless there is any express declaration between the parties.

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