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(영문) 인천지방법원부천지원 2017.11.22 2016가단110934

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 유전공업 주식회사는 2015. 2. 4. 전자어음번호 A, 액면금 140,000,000원, 만기 2015. 5. 25. 지급은행 지점명 신한창원금융센터로 된 어음을 발행하였고, 위 전자어음에 2015. 3. 3. 주식회사 굿펠라스, 2015. 3. 3. 코리아리소스 주식회사, 2015. 3. 3. 주식회사 오성테크코리아, 2015. 4. 3. 주식회사 B이 차례로 배서하였다.

The endorsee of the above bill is the defendant.

B. On November 17, 2015, B Co., Ltd. entered into an agreement on the transfer and takeover of bonds with the purport that the Defendant received the bill at the discount of the Defendant, and KRW 70,000,000, out of the money to be paid at the discount, the Plaintiff submitted the notice of transfer prepared by B representative director D on November 17, 2015 to the evidence (Evidence 4-2) accompanied by the instant written complaint.

C. On December 8, 2015, C entered into a credit transfer and takeover contract with the Plaintiff with respect to the above claims that were acquired from B, and the Plaintiff, who accepted the power to notify the assignment of claims from C, notified the Plaintiff of the said assignment of claims and delivered the notification to the Defendant on December 8, 2015.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is that the plaintiff legally acquired the claim for the discount of the amount of KRW 70,000,000 against the defendant of the corporation B, and thus the defendant is entitled to the above transfer amount and the damages for delay.

B. Whether the Defendant’s debt against B exists or not, the Defendant’s endorsement was made on the electronic bill earlier by the Defendant as the endorsee, and the fact that the above bill’s face value is 140,000,000 won is identical to the fact recognized earlier, and according to the evidence evidence No. 4, the Defendant’s remittance of KRW 65,00,000 to B on March 5, 2015.