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(영문) 대전지방법원 서산지원 2018.07.10 2018가단642
양수금
Text

1. The Defendant shall pay 102,352,900 won to the Plaintiff and 15% per annum from February 3, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments of Gap evidence Nos. 1, 2, and 4 (including each number), as to the cause of the claim, the plaintiff acquired the claim for the amount of KRW 434,714,500 (hereinafter "the claim for the amount of the goods in this case") against the defendant on May 6, 2017 from the Kyl language Co., Ltd. (hereinafter "small & Medium Company"), the non-party company notified the defendant of the assignment of the above claim on May 25, 2017, the non-party company paid part of the amount of the goods in this case to the plaintiff on July 17, 2017, and notified the plaintiff that the amount of KRW 282,352,90 remaining out of the amount of the goods in this case would be repaid in installments without any particular objection on July 17, 2017, and it is recognized that the defendant had yet to pay the amount of the goods in this case to KRW 102,390,00.

Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to pay to the Plaintiff the amount of KRW 102,352,900 paid and the amount calculated by applying the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 3, 2018 to the day after the delivery date of the instant payment order.

2. The defendant's assertion that the defendant suffered damages exceeding 1.5 billion won due to the defect in goods supplied by the non-party company, and that the defendant's claim for damages against the non-party company is greater than the non-party company's claim for reconstruction costs. Thus, the defendant's claim cannot be complied with.

However, it is not sufficient to recognize that the defendant has a claim for damages against the non-party company only with the descriptions of the evidence Nos. 1 through 4, and there is no other evidence to acknowledge it.

Furthermore, as seen earlier, on July 17, 2017, the Defendant notified the Plaintiff of the installment repayment without any delay, which can be deemed as having given consent to the transfer of claims, and the Defendant’s ground concerning the non-party company, the transferor.

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