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(영문) 부산지방법원 2016.10.07 2016가단14900
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 62,693,325 and interest rate of KRW 15% per annum from March 8, 2016 to the date of complete payment.

Reasons

1. The Plaintiff, who processes and sells livestock products to determine the cause of the claim, supplied a total of KRW 502,348,873 to the Defendant who runs the meat processing business, etc. from around April 17, 2012 to April 17, 2014. However, the Defendant may recognize the Plaintiff’s failure to pay KRW 62,693,325 out of the price of the said livestock products, either there is no dispute between the parties, or the Plaintiff’s failure to pay KRW 62,693,325, by taking account of the overall purport of the pleadings as stated in the evidence Nos. 1

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 62,693,325 won of the unpaid livestock products and damages for delay calculated at the rate of 15% per annum from March 8, 2016 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case filed by the plaintiff.

2. As to the Defendant’s assertion, the Defendant asserts that the aforementioned unpaid livestock product price claim was extinguished, as it transferred the claim equivalent to the same amount to the Plaintiff instead of paying the unpaid livestock product price claim.

An obligor’s transfer of another obligation to a creditor in relation to the repayment of obligation is presumed to be a transfer by means of a security for repayment of obligation or by means of a repayment, barring any special circumstance, and cannot be deemed as a substitute for the repayment of obligation. As such, it cannot be deemed that the original claim is extinguished if the assignment of obligation is transferred, and the obligor is relieved of obligation within the extent of the obligor’

(Supreme Court Decision 2012Da106003 Decided March 14, 2013). According to the legal principles as seen earlier, according to the entry of evidence Nos. 1 through 3, and 7, the Defendant transferred to the Plaintiff the claim based on the Notarial Deed (No. 402, Mar. 7, 2014, No. 2014, Mar. 7, 2014) on the repayment contract of KRW 62,693,325 against A, and completed the notification of the transfer.

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