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(영문) 창원지방법원통영지원 2017.06.14 2017가단21397
전부금
Text

1. The Defendant shall pay KRW 57,305,00 to the Plaintiff the annual rate of KRW 15% from March 9, 2017 to the date of complete payment.

Reasons

In addition to the overall purport of the pleadings as indicated in the Evidence A Nos. 1 and 2, the Plaintiff: (a) held claim 57,305,000 won againstHayoung Co., Ltd.; (b) held the claim for the price of goods against the Defendant as of February 24, 2012, 57,305,000 won (=37,255,000 won on November 7, 201, 201; and (c) received the order for the assignment of the goods under the attachment order to the Defendant as of November 10, 201 (the above order for the assignment of the goods under the attachment order to the Defendant as of November 10, 200, 7,250,000 won on November 10, 201; and (d) obtained the order for the assignment of the goods under the attachment order to the Defendant as of December 5, 201, 200 and the assignment order to the Defendant.

Therefore, barring special circumstances, the defendant is obligated to pay the full amount of KRW 57,305,00 to the plaintiff.

The defendant asserts that prior to the assignment order of this case, the defendant set off the defendant's repair cost claim againstHa Young-young Co., Ltd. and the claim for the price of goods against the defendant ofHa Young-young Co., Ltd

In addition to the statement in Eul evidence No. 4, it can be acknowledged that around August 18, 2011, the defendant andHa Young-young Co., Ltd. agreed to offset the defendant's claim for repair cost againstHa Young-young Co., Ltd. and the claim for the price for goods against the defendant ofHa Young-young Co., Ltd. by USD 35,118.8 (in case of conversion into KRW 1,072.7 won at an exchange rate of agreement, KRW 37,671,936, KRW 37,500,000, the sum of KRW 42,171,936.

However, as seen earlier, the claim for the price of the goods in this case is related to the goods transacted after the set-off agreement between the defendant and the defendant, therefore it is difficult to view that the claim for the price of the goods in this case has ceased to exist

Therefore, the defendant's total amount of KRW 57,305,00 and the defendant's service of the original copy of the payment order of this case to the plaintiff is followed.

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