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1. The Defendant’s KRW 60,105,904 as well as the Plaintiff’s annual rate of 6% from May 16, 2017 to October 24, 2017, and the following.
Reasons
1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:
Non-MM Korea Co., Ltd. (hereinafter “Non-MM Korea”) has supplied goods to the Defendant.
B. On March 6, 2017, non-M Korea transferred the current and future commodity price claims that non-M Korea has against the Defendant, and notified the Defendant of the transfer by content-certified mail.
The above notification of assignment of claims reached the defendant on April 5, 2017.
C. Meanwhile, on March 15, 2017, prior to the receipt of the notice of the above assignment of claims, the Defendant paid part of the price for the goods with an electronic bill of KRW 48,002,983, which was issued by the Defendant, to the IM Korea, and the said electronic bill was settled on July 17, 2017 at the maturity of the payment.
Therefore, the defendant's obligation to pay goods to IM Korea remains in 60,105,904.
2. The plaintiff asserts that the defendant bears the obligation to pay the price for the goods of 116,873,957 won against IM Korea, and sought the payment of the above amount as the claim acquisition amount. However, according to the above facts of recognition, the remaining price for the goods of IM Korea is only KRW 60,105,904.
Therefore, the defendant is obliged to pay to the plaintiff 60,105,904 won and the delay damages at the rate of 15% per annum as stipulated in the Commercial Act from May 17, 2017 to October 24, 2017, which is the date following the day on which the defendant served the payment order in this case, to the day on which the defendant issues an objection as to the existence and scope of the payment obligation, and from the following day to the day of full payment.
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.