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(영문) 청주지방법원충주지원 2015.10.15 2015가단2839
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,457,412 and the interest rate of KRW 20% per annum from April 16, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “C”, runs a wholesale and retail business of steel materials. From March 14, 2013 to April 27, 2013, the Plaintiff supplied D Co., Ltd. (hereinafter “D”) with steel products equivalent to KRW 24,457,412 to be used at the construction site of E (hereinafter “D”).

B. The Plaintiff filed against D on August 12, 2013 as above.

An application for a payment order seeking payment of KRW 22,457,412 of the price of the goods described in the subsection was filed.

(Cheongju District Court Decision 2013j957). The above court rendered a payment order on August 19, 2013, stating that “D shall pay to the Plaintiff KRW 22,457,412 and its delay damages.” The above payment order order was finalized around that time.

C. Around 2013, around D’s representative director F and the Defendant drafted a letter of performance of consultation (Evidence 3, hereinafter “each of the instant notes”) stating that “The subcontract amount that has arisen up to the date shall be repaid to the land owner B with respect to the land construction outside E and seven parcels in Chungcheongnam-si, Chungcheongnam-si.”

Each of the instant contracts contains a list of subcontractors who have not received construction cost, and include KRW 24,457,412 as to “C”.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. The assumption of an existing obligation, which is concluded by a contract with a debtor and an underwriter, can be deemed as one of a contract for third parties by having the obligee acquire new rights against the underwriter. In comparison, the acceptance of performance agrees to have the underwriter extinguished the obligation by means of repayment, etc. and to exempt the obligor from the obligor's liability. It is merely that the underwriter bears the obligation to discharge the obligor from the obligor's liability in relation to the obligor, and the obligee acquires the obligation against the direct underwriter.

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