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(영문) 인천지방법원 2019.02.13 2018나5867
물품대금
Text

1. The judgment of the court of first instance is modified as follows:

The defendant shall pay 10,794,000 won to the intervenor succeeding to the plaintiff and its corresponding amount.

Reasons

1. In full view of the statements in Gap's evidence Nos. 1 through 4, 6 through 9, and witness D's testimony, the plaintiff supplied the defendant with medical instruments and other goods equivalent to KRW 10,794,000 (hereinafter "the goods of this case") around 2009, and the defendant prepared and delivered to the plaintiff on September 29, 2010 a letter of payment that "the plaintiff would pay 10,794,000 won of the goods of this case by November 30, 2010" (hereinafter "the payment letter of this case"), and the plaintiff's succeeding intervenor transferred the claims of this case (i.e., claims based on the payment note of this case) from the plaintiff on January 22, 2018, and it is recognized that the notice of assignment of claims has been delivered to the defendant.

Therefore, the Defendant is obligated to pay KRW 10,794,00 (i.e., money based on the instant payment note) and damages for delay to the Intervenor succeeding to the Plaintiff who acquired the claim from the Plaintiff.

2. As to this, the defendant asserts that the person who received the goods of this case is "D," not "the defendant," and that the letter of payment of this case also was made by the plaintiff's strong pressure and its validity cannot be recognized.

However, the following circumstances revealed in full view of the purport of the entire arguments in the above evidence, i.e., the Defendant appears to have received the goods of this case from the Plaintiff while operating the medical care center after completing the business registration (the Defendant asserted that only the Defendant completed the business registration only, and the fact that the Defendant was operating the medical care center is not recorded, but rather, it appears that D provided only the place where the Defendant operated the medical care center), and ii) the Defendant directly prepared and delivered the letter of payment in this case with respect to the claim for the goods of this case, and the Defendant was drafted by the Plaintiff’s strong pressure.

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