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(영문) 부산지방법원 동부지원 2018.06.14 2016가단18632
계금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from November 15, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff joined the successful bid price system operated by the defendant (hereinafter "the bid price system of this case") and paid the fraternity in full, and awarded a successful tender on September 18, 2013. However, the defendant did not pay the fraternity to the plaintiff on the bid price of this case. The defendant is urged to receive the above fraternity payment from the plaintiff, and on April 5, 2015, "the defendant will pay KRW 100 million to the plaintiff by August 18, 2015" (hereinafter "the payment rejection of this case") and delivered it to the plaintiff. Thus, the defendant is obligated to pay the plaintiff KRW 10 million and the delay damages calculated on July 19, 2015 at the rate of 15% from the next day following the payment order of this case to the 15th day following the date of delivery of this case.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant’s claim against the Defendant in this case against the Defendant was unjustifiable, since C, which is the other fraternity causes of the successful bid price of this case, agreed to receive the Plaintiff’s bonus instead of the Plaintiff on the date of successful bid price and pay KRW 100 million to the Plaintiff.

"Assumption of obligation" means a contract under which a debtor has been originally liable to transfer it to a third party in the discharge of liability, or to which the debtor has been responsible for it. In order to assume an overlapping obligation, it is necessary to require the creditor to have the creditor acquire the claim to the person who has directly assumed the obligation to the person who has been liable for it, and to obtain the creditor's consent on the assumption of obligation with respect to the discharge of liability.

At this time, it is overlapping whether the assumption of obligation is exempted.

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