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The defendant shall pay to the plaintiff KRW 253,080,742 as well as 5% per annum from October 3, 2018 to December 6, 2019 and the next day.
Reasons
1. Basic facts
A. The plaintiff is a company that manufactures and sells aluminium shower, and the defendant is a company that manufactures and sells aluminium.
The defendant's representative director C received goods from the plaintiff as an individual entrepreneur under the trade name of "B" and established the defendant on February 12, 2015.
B. C established the Defendant and supplied goods by the Plaintiff by October 2, 2018 under the name of the Defendant, at the time of the establishment and operation of B, to bear KRW 85,429,646.
C. At present, the Defendant’s obligation to pay for the goods is KRW 253,080,742 (hereinafter “instant goods payment obligation”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
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 253,080,742 won and 5% per annum as prescribed by the Civil Act from October 3, 2018 to December 6, 2019, the delivery date of the original copy of the instant payment order, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
B. Determination 1 on the Defendant’s argument that an obligor transfers other claims to a creditor in relation to the repayment of obligation is presumed to have been transferred by means of a security for repayment of obligation or a repayment, barring special circumstances, and thus, it cannot be deemed that the original claim is extinguished if the assignment of claims is limited to the assignment of claims. The obligee is exempted from liability within the scope of the obligor’s repayment upon the obligee’s repayment of the transferred claim, and thus, the obligor has the burden of asserting the existing obligation and burden of proof regarding the repayment of the transferred claim (see, e.g., Supreme Court Decision 95Da1660, Dec. 22, 1995).