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(영문) 대구지방법원 서부지원 2021.01.14 2020가단937
물품대금
Text

The defendant shall pay to the plaintiff KRW 65,008,130 as well as 5% per annum from November 24, 2019 to January 14, 2021 and from the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff, with the trade name “C”, operated a paint retailer, etc., supplied the Defendant with new and other goods from July 2019 to November 23, 2019, but did not receive KRW 89,035,650 from the Defendant.

B. The Plaintiff received insurance money equivalent to KRW 24,027,520 out of the above KRW 89,035,650 from the Korea Credit Guarantee Fund, and the Korea Credit Guarantee Fund is preparing for the insurer’s subrogation right claim against the Defendant on the ground thereof.

[Ground of recognition] Unsatisfy, Gap 1, 2, and 3 evidence, and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment (i.e., the above 89,035,650 won - the above 24,027,520 won - the above amount of the unpaid goods) and the Plaintiff’s claim as to the existence or scope of the obligation.

B. The defendant asserts that since the defendant transferred to the plaintiff the construction cost claim equivalent to KRW 10,802,00 for the defendant's D Co., Ltd. and the defendant's construction cost claim equivalent to KRW 12,438,962 for E Co., Ltd. in lieu of the above payment of the unpaid goods, the above amount of the transferred goods claim should be deducted from the above unpaid goods price.

On the other hand, the defendant's assertion that "the defendant transferred the defendant's claims against D and E to the plaintiff instead of paying the unpaid amount of goods." Thus, the defendant's assertion is without merit.

(c)

Since the defendant was dissolved as of July 27, 2020 by the defendant corporation as of July 27, 2020, the defendant's obligation to pay the unpaid goods to the plaintiff was extinguished.

The argument is asserted.

l.p. g., p.

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