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(영문) 울산지방법원 2018.10.11 2018가단5163
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,231,520 and the interest rate of KRW 15% per annum from February 24, 2018 to the day of complete payment.

Reasons

1. Around April 30, 2016, the Plaintiff supplied the gold model and the liquor to the Defendant for KRW 96,231,520, and the Defendant, on August 8, 2016, paid KRW 50,00,000 out of the above payment to the Plaintiff on the ground that there is no dispute between the parties, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 46,231,520 (= KRW 96,231,520 – KRW 50,00,00,00, KRW 50,000) and damages for delay.

2. On August 16, 2016, the Defendant asserted that on the part of the Defendant transferred the amount equivalent to the amount of the penalty payment to be paid by the Defendant to the Plaintiff from the J&K Co., Ltd. (hereinafter “S&K”) (hereinafter “instant L&K price”) to the Plaintiff in lieu of the unpaid amount.

The defendant's above assertion cannot be accepted for the following reasons.

① Comprehensively taking account of the evidence No. 1 and the purport of the entire pleadings, the Defendant’s transfer of the instant claim for the purchase price to the Plaintiff on August 16, 2016, and the fact that the Defendant notified the transfer of claim to the L&C K method around August 18, 2016 is recognized.

② However, it is not reasonable to presume that a debtor transfers other claims to a creditor in relation to the repayment of obligations by means of a security for repayment of obligations or by means of repayment, barring special circumstances, and therefore, it is not deemed that the original claim is extinguished if the assignment of claims is made, and it is not reasonable to deem that the original claim is extinguished if the claims are transferred, and the debtor is discharged from liability within the extent of receiving the transferred claim (see, e.g., Supreme Court Decision 95Da1660, Dec. 22, 1995). Accordingly, the claim for the payment of the instant L&C case is expected to occur under the premise that the defendant delivers the claim to the YK at the time of transfer, and it is true again.

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