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(영문) 서울중앙지방법원 2016.03.24 2015가합553759
매매대금
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1. The Defendant’s KRW 343,09,469 as well as the Plaintiff’s KRW 6% per annum from September 3, 2015 to March 24, 2016.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized in full view of the respective entries in Gap evidence 1 through 7 (including the serial number) and the whole purport of pleadings:

The Plaintiff in the part of the claim for the purchase price is a company that imports and distributes DNA sports clothing, etc. to the Republic of Korea. The Defendant is a company that runs the wholesale and retail business of sports goods. The Plaintiff entered into a sales contract with the Defendant to sell sports clothing, etc. on several occasions from January 2013 to March 2014, and sold sports clothing, etc. to the Defendant.

The sum of the prices of the goods sold by the Plaintiff to the Defendant during the above period is KRW 2,746,965,59. Of them, KRW 2,458,790,50,509, which remains after being paid from the Defendant (hereinafter “the instant sales price”) is KRW 288,175,090 (=2,746,965,599 – KRW 2,458,790,509).

On November 2013, 2013, Raet Sports Korea Co., Ltd. concluded a sales contract with the Defendant to sell sports clothes, etc., and sold it to the Defendant, and did not receive 67,134,379 won from the Defendant.

On August 13, 2015, Korea Co., Ltd. entered into a contract with the Plaintiff to transfer the above purchase price claim against the Defendant (hereinafter “instant acquisition price”), and notified the Defendant of the transfer on August 17, 2015.

The main purport of the Plaintiff’s assertion is to seek payment of KRW 355,309,469 (=288,175,090 KRW 67,134,379) and delay damages therefrom, as stated in the Plaintiff’s claim.

The notification of the transfer of the claim for the amount transferred to the defendant was made by the transferee, not by the transferor, and thus is invalid.

Although the Defendant did not pay the purchase price of KRW 288,175,090 to the Plaintiff regarding a claim for the purchase price, the Defendant is as follows.

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