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(영문) 서울서부지방법원 2015.07.07 2013가단240934

물품대금

Text

1. Defendant A and B jointly and severally share 46,713,100 won and the corresponding amount.

Reasons

1. Claim against the defendant A (hereinafter referred to as "A"), A, and B, the defendant corporation ENEpia Co., Ltd. (hereinafter referred to as " ENEA");

A. From the beginning of 2012, E.N. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination on the Plaintiffs’ claim for the revocation of fraudulent act against A&T Co., Ltd. (hereinafter “A&T”),

A. On November 4, 2013, the lower court rendered a ruling to recommend reconciliation that Plaintiff A pay KRW 48.61,681, and delay damages therefor to the Plaintiff, which became final and conclusive around that time. In so doing, the lower court did not err by misapprehending the legal doctrine as to the claim for the purchase of goods against the Defendant A, as Seoul Western District Court Decision 201Da228538, supra.

(2) On December 21, 2012, Defendant A supplied goods related to “the Federation of Korea Driving Schools” from Defendant A&T and did not pay the goods. On May 10, 2013, Defendant A entered into a contract with Defendant A&T to transfer the amount equivalent to KRW 242,00,000 (hereinafter “the instant claim”) of the Defendant A’s claim for the payment of the goods to Defendant A’s C&T with Defendant A&T (hereinafter “C”) in order to pay the goods for the goods. Around that time, Defendant A’s notification was given to C&C with Defendant A&T.

(3) At the time of the instant assignment contract, Defendant A’s active property is equivalent to KRW 87,879 of the instant claim and the deposit claim against the IBK Enterprise Bank, and KRW 2,446,693 of the deposit claim against the National Bank of Korea.