(영문) 서울동부지방법원 2020.01.22 2019나22137

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(영문) 서울동부지방법원 2020.01.22 2019나22137

물품대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures and sells clothes under the trade name of “C”, and the Defendant is a person who manufactures and sells clothes under the trade name of “D”.

B. On October 2012, the Plaintiff: (a) requested the Defendant to manufacture and supply clothing to E Co., Ltd. (hereinafter “E”); and (b) manufactured and supplied it to the Defendant; and (c) the price of goods to be paid from the Defendant is KRW 27,482,640 as of December 31, 2012.

C. On December 31, 2012, the Defendant transferred KRW 27,482,640 (hereinafter “instant claim”). Around that time, the Defendant notified the Plaintiff of the assignment of the claim to E among the claim for the purchase of goods against E.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-1, the purport of the whole pleadings

2. Determination

A. According to the above recognition of the defendant's obligation to pay the price for goods, the defendant is obligated to pay 27,482,640 won for goods and delay damages to the plaintiff, unless there are special circumstances.

B. The main point of the Defendant’s assertion on the Defendant’s defense of reimbursement is that, inasmuch as the Defendant satisfied all the claim of the instant transfer money by accord and satisfaction of the products equivalent to KRW 27,482,640 to the Plaintiff, the Defendant asserted that the Defendant’s goods payment obligation against the Plaintiff was extinguished as well.

In regard to this, the Plaintiff had a separate claim for the purchase price of goods in E, and the amount of payment in kind was KRW 10,795,280 by allowing the Plaintiff to sell directly the clothing kept by the Plaintiff for supply. The amount of payment in kind is higher than the Plaintiff’s interest in the payment in preference to the Plaintiff’s claim for the purchase price of goods in exchange for the payment of the purchase price of the goods in exchange for the payment of the purchase price of the goods in question. Thus, the Defendant’s obligation for the purchase price of goods

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