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(영문) 울산지방법원 2015.06.03 2014가단60810

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The defendant was supplied with kimchi from the plaintiff. USD 66,410 out of the price was not paid.

B. Even if the Defendant was supplied with kimchi by the Cheongchi and Green Food Co., Ltd. (hereinafter “Cheongchi”) rather than the Plaintiff, the Plaintiff acquired the claim against the Defendant for kimchi from Cheongchi and Cheongchi.

C. Therefore, the defendant is liable to pay the price of kimchi to the plaintiff.

2. Determination

A. There is no evidence to acknowledge that the Defendant was supplied with kimchi by the Plaintiff.

B. According to the evidence evidence Nos. 53 and 54, the Plaintiff may cancel the agreement on the transfer of the claim for kimchi with the Plaintiff and the transfer of the claim for kimchi with the consent of the Plaintiff, and recognize the fact that the Defendant was notified of the agreement. Thus, even if the claim for kimchi against the Defendant of the Cheongtotoung exists, the Plaintiff may not claim payment

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.