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Reasons
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(영문) 대구지방법원 서부지원 2018.06.07 2017가합507
물품대금
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1. The Defendant’s KRW 144,668,090 for the Plaintiff and 5% per annum from July 22, 2017 to June 7, 2018.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is a company that manufactures and sells the Textiles, and the Defendant is a person who engages in fiber wholesale and retail business with the trade name of B. The Defendant, from around 190 to around May 19, 201, traded with the Plaintiff, such as receiving the fibers from the Plaintiff. 2) The Defendant traded with the Plaintiff on May 19, 2010, and up to then transferred to the Plaintiff the claim of KRW 271,671,287 against C equivalent to the unclaimed goods (hereinafter “the primary goods”).

3) From May 11, 2012, the Defendant began a transaction again with the Plaintiff, and on January 29, 2016, the amount of outstanding goods, excluding cash and bills paid until January 29, 2016, is KRW 117,711,540 (hereinafter “the second price of goods”).

(4) The Defendant began to engage in a transaction again with the Plaintiff from September 2, 2016, and up to March 9, 2017, the amount of unpaid goods is KRW 8,956,550 (hereinafter “third goods price”).

The term "the price of the goods of this case" is referred to as "the price of the goods of this case" in general as the price of the goods of this case.

[Grounds for recognition] Unsatisfy, Gap evidence 1 to 7 (including paper numbers, 10 evidence, the purport of the whole pleadings)

B. According to the above facts of recognition, the Defendant is deemed to have a duty to pay the Plaintiff the unpaid amount of KRW 135,711,540 from May 19, 2010 to May 11, 2010, and from May 11, 2012 to January 29, 2016 (=117,711,540 won), and KRW 18,00,000 from September 2, 2016 to March 39, 2017.

Therefore, the Defendant is obligated to pay the total amount of 416,39,379 won (=271,671,287 won) and damages for delay (8,956,550 won).

2. Judgment on the defendant's defense, etc.

A. On May 19, 2010, the Defendant asserted the extinguishment of the claim due to the assignment of the claim, transferred the claim amounting to C in KRW 271,671,287 to the Plaintiff, which is equivalent thereto.

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