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(영문) 수원지방법원 2019.04.26 2018가단518192
물품대금
Text

1. Defendant D shall pay to the Plaintiff KRW 33,463,450 and the interest rate of KRW 15% per annum from May 11, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the manufacturing and selling business of fire doors. Defendant C is a person who transferred the above business to Defendant D while engaging in wholesale business of fire doors supplied by the Plaintiff and sold them to a third party. Defendant D is a person who acquired the above business from Defendant C.

B. From June 15, 2016 to June 23, 2017, the Plaintiff sold a door corresponding to KRW 97,070,60 in total to Defendant C.

C. Around September 1, 2017, Defendant C transferred Defendant C’s claim against the Plaintiff for the payment of the payment for the fire door to the Plaintiff. D.

On the other hand, the Plaintiff sold fire doors to Defendant D from July 1, 2017.

On September 4, 2017, Defendant D decided to take over the wholesale business of the fire doors operated by Defendant C with Defendant C on September 4, 2017, and decided to take over the payment obligation of the fire doors to Defendant C.

The Plaintiff sold the door door equivalent to KRW 80,642,650 in total to Defendant D from July 1, 2017 to April 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1-1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. According to the above facts as to the cause of the claim, barring any special circumstance, Defendant C is obligated to pay the Plaintiff the remainder of KRW 19,903,400 remaining after deducting the part of the Plaintiff who received the payment from the fire door price of KRW 97,070,60, and the damages for delay from the day following the date on which the duplicate of the complaint of this case sought by the Plaintiff was served to Defendant C after each due date.

B. As to Defendant C’s assertion, Defendant C agreed on September 4, 2017 to take over the unpaid obligation to Defendant C with Defendant D at the time of transferring the Defendant C’s door wholesale business. Around that time, the Plaintiff approved the said assumption of obligation.

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