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1. The Defendant’s KRW 49,500,000 for the Plaintiff and 5% per annum from June 2, 2017 to March 20, 2018.
Reasons
1. Basic facts
A. On May 21, 2015, the Plaintiff engaged in rice wholesale retail business: (a) determined KRW 70,000,000 to the Defendant as the advance payment for rice purchase on May 21, 2015 as the due date for payment on June 1, 2017.
By June 1, 2017, the Defendant paid to the Plaintiff a total of KRW 20,500,000 out of the said money.
B. On January 12, 2016, the Plaintiff acquired KRW 124,486,957, out of C’s loan and goods payment claims against the Defendant of CFF (hereinafter “instant loan and goods payment claims”) from CFF (hereinafter “instant transfer and acquisition of bonds”) (hereinafter “instant transfer and acquisition of bonds”).
C. On March 2, 2016, the farming association corporation notified the Defendant of the fact of the transfer and takeover of bonds of this case, which reached March 3, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 1 (including branch numbers, hereinafter the same shall apply), witness D and E's testimony, the purport of the whole pleadings
2. According to the facts on the basis of determination as to the claim for the return of advance payment of rice purchase price, the Defendant is obligated to pay the Plaintiff 49,500,000 won (=70,000,000 won - 20,500,000 won) remaining after the Defendant’s repayment among advance payment of KRW 70,00,000 and the amount equivalent to 6% per annum under the Commercial Act from June 2, 2017 to March 20, 2018 when the Plaintiff’s application for change of the purport of the Plaintiff’s claim and the cause of the claim is served on the Defendant from June 2, 2017 to March 20, 2018.
(1) In the case of this part of the claim, it is not reasonable for the Defendant to dispute the existence or scope of the obligation.
A. The Plaintiff asserted by the parties 1, as above, acquired KRW 124,486,957 out of the instant loan and the amount of goods sold, and C&C transfer and takeover of the instant claim to the Defendant.