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(영문) 대전지방법원 2016.02.16 2015나8054
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, 3, 6, and Eul evidence Nos. 1-1, 2, and 3 of Eul evidence Nos. 1-2 and 3, the defendant purchased anchors at KRW 33,60,000 on December 2, 2013, and Eul purchased anchors at KRW 5,00,000 on March 5, 2014; KRW 1,440,00 on April 30, 2014; KRW 5,000 on July 31, 2014; and KRW 11,440,000 on KRW 1,40,000 on KRW 11,40,00 on KRW 12,20 on KRW 208; the plaintiff entered into a contract with the defendant on the transfer of claims between B and B on August 12, 2014; and KRW 208 on the transfer of claims to the defendant.

(B) The Defendant asserted that he purchased anchors from B, not from B, but from C. However, according to the evidence, C sells anchors in the name of B while serving as the captain of the ship of this case, and C also recognizes it, and the Defendant deposited the price in the name of passbook B before the assignment of the claim of this case. According to the above facts of recognition, the Defendant is obliged to pay to the Plaintiff delay damages at the rate of 22,00,000 won by transfer money and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 7, 2015 to the date of full payment, as sought by the Plaintiff.

Judgment on the defendant's defense

A. Offset defense, the defendant argued that after purchasing anchors, the remaining price was offset against the amount of damage suffered by the defendant by supplying anchors with poor anchors C, but there is no evidence to prove that such offset was made, and as recognized earlier, since the contracting party who sold anchor to the defendant is not C but B, it cannot offset the price at will by C, the defendant's above assertion is without merit.

(b)a debt defense;

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