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(영문) 청주지방법원제천지원 2016.05.04 2016가단444
물품대금
Text

1. The Defendant’s KRW 42,310,760 for the Plaintiff and the following: 6% per annum from October 24, 2013 to December 22, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 5 of the judgment as to the cause of the claim, the Plaintiff concluded a contract for the supply of friendly meat with the Defendant and supplied Chinese medicine to the Defendant, and based on October 23, 2013, the Plaintiff’s claim for the price of goods against the Defendant (hereinafter “instant claim for the price of goods”) remains in KRW 42,310,760.

According to the above facts, the defendant is obligated to pay to the plaintiff 42,310,760 won for the remaining goods of this case and damages for delay at the rate of 6% per annum prescribed in the Commercial Act from October 24, 2013 to December 22, 2015, which is the delivery date of the payment order of this case, and 15% per annum prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's assertion argues that since the plaintiff agreed to take over the obligation of the price of the goods of this case between B and B, the defendant will no longer bear the obligation of the price of the goods of this case.

It is a matter of interpretation of the intention of the parties indicated in the assumption of the obligation contract if the assumption of the obligation is overlapped, and if it is not clear whether it is a discharge or a overlapping acceptance in the assumption of the obligation, it shall be deemed that it is an overlapping acceptance in the assumption of the obligation.

(2) In light of the legal principles as seen earlier, the Plaintiff’s issuance of a promissory note No. 42,30,000 for face value B on July 1, 2014 may be recognized, but in light of the aforementioned legal principles, it is recognized that the Plaintiff agreed with B to exempt the Plaintiff from the obligation to pay for the instant goods at the time of the receipt of the said promissory note No. 42,30,000.

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