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1. The Defendant’s KRW 62,410,162 as well as the Plaintiff’s KRW 15% per annum from March 12, 2019 to May 31, 2019.
Reasons
1. According to the evidence evidence Nos. 1 and 3 of the judgment as to the cause of the claim, the fact that D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was supplied to the Plaintiff with the unsatisfy, etc. by February 26, 2018 and paid only KRW 6,061,340 out of the price of KRW 128,471,502. The Defendant guaranteed KRW 65,118,340, with the guarantee of KRW 65,118,340, and jointly and severally guaranteed the non-party Co., Ltd.’s obligations for the present and future goods payment obligations against
According to the above facts, the defendant is obligated to pay the unpaid amount of 62,410,162 won (=128,471,502 won -6,061,340 won) and damages for delay, unless there are special circumstances.
2. The defendant's defense asserts to the effect that since the non-party company's claims against E and F were transferred in lieu of the repayment of the above goods payment obligation, the above goods payment obligation was extinguished within the transferred scope.
However, barring special circumstances, it is presumed that an obligor’s transfer of another obligation to a creditor in relation to the repayment of obligation would be presumed to have been transferred by means of a security for repayment of obligation or a repayment, and it does not mean as substitute for the repayment of obligation. In such a case, the assignment of obligation cannot be deemed to have immediately extinguished if the assignment of obligation is performed, and the obligor is exempted from liability only when the obligee received the repayment of the assigned obligation (see Supreme Court Decision 2012Da4098, May 9, 2013). However, the Plaintiff received each of the above claims from the Defendant.
Even if there is no evidence to acknowledge that the plaintiff was paid each of the above claims, the defendant's above assertion is without merit.
3. Conclusion
A. Therefore, the Defendant is obligated to pay to the Plaintiff 62,410,162 won with 5% interest per annum under the Civil Act from March 12, 2019 to May 31, 2019, and 12% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
The promotion of litigation, etc.