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(영문) 대구지방법원안동지원 2017.04.12 2017가단353
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,340,861 and the interest rate of KRW 15% per annum from January 18, 2017 to the day of complete payment.

Reasons

1. In full view of the overall purport of the pleadings in the evidence Nos. 1 through 4 of the judgment on the cause of the claim Party A (including each number, if any), the Plaintiff may recognize the fact that the Plaintiff supplied oil to the Defendant from March 1, 2016 to October 11, 2016, and that the Defendant has not paid the price of KRW 30,340,861 among them.

According to the above facts, the defendant is obligated to pay to the plaintiff 30,340,861 won unpaid oil payment and delay damages calculated at the rate of 15% per annum from January 18, 2017 to the date of full payment, which is the following day after the original copy of the instant payment order was served on the defendant.

2. The defendant's assertion is asserted to the effect that the defendant transferred his claim against the third party to the plaintiff instead of paying the above oil payment claim.

However, the plaintiff asserts that he received the claim in order to secure the above oil payment claim, and there is no evidence to prove that the plaintiff acquired the claim from the defendant as a substitute for repayment of the above oil payment obligation. Thus, the above claim by the defendant is groundless since the above oil payment obligation cannot be deemed to have been extinguished.

(3) The plaintiff is entitled to receive repayment from the defendant or the debtor of the claim subject to the assignment of claims, and there is no authority to receive payment in duplicate. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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