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(영문) 울산지방법원 2016.07.19 2016가단52646
물품대금
Text

1. The defendant shall pay 85,395,200 won to the plaintiff and 15% per annum from February 19, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3 as a whole, the Plaintiff may recognize the fact that the Plaintiff supplied agricultural products to the Defendant from April 2, 2014 to November 2014, and the attempted amount thereof reaches KRW 85,395,200.

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 85,395,200 for the goods and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 19, 2016 to the date of full payment following the delivery of a copy of the instant complaint.

3. The defendant asserts that the plaintiff's claim cannot be complied with since he/she agreed on the exercise of the right by proxy against the defendant's member, the resolution of the debt to the defendant's customer, and the resolution of the retirement allowance of the defendant's employee.

However, since there is no evidence to prove the facts alleged by the defendant, the defendant's argument is without merit.

Even if the Defendant assumed that it had reached an agreement with D Service Co., Ltd. as alleged by the Defendant, such agreement constitutes a case where a third party takes over the obligation as a discharge by a contract with the debtor in relation to the Plaintiff, and thus becomes effective as the Plaintiff has to accept the agreement (Article 454(1) of the Civil Act). Unless there is no assertion as to the fact that the Plaintiff accepted it,

4. The plaintiff's claim is justified and accepted.

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