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(영문) 춘천지방법원강릉지원 2015.11.25 2015가단2313

양수금

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. On February 2, 2015, the Plaintiff received a claim amounting to KRW 23,479,000 from B against the Defendant, and on the same day, B notified the Defendant of the above transfer.

B. Therefore, the Defendant is obligated to pay the Plaintiff the above amount of KRW 23,479,00.

2. The plaintiff's above assertion is based on the premise that the plaintiff had a claim for the purchase price of goods against the defendant B taken over by the plaintiff.

However, each statement of Gap evidence Nos. 4-7 (including paper numbers) is insufficient to recognize that Eul had a claim for the price of goods as alleged by the plaintiff against the defendant, and there is no other evidence to acknowledge it.

Rather, according to the statements in Eul evidence Nos. 1 through 5 (including paper numbers), the transaction of E with the representative of "D" from October 201 to April 201, 201, and the fact that part of the price received from E is recognized.

According to these facts, B is considered only to have been holding claims arising from the above goods transaction against E who is not the defendant.

Ultimately, the plaintiff's assertion on a different premise is without merit.

3. In conclusion, the plaintiff's claim of this case is without merit.