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(영문) 광주지방법원목포지원 2016.09.29 2016가단1197

양수금

Text

1. The Defendant’s KRW 10 million and the Plaintiff’s annual rate of 6% from May 12, 2016 to September 29, 2016.

Reasons

1. Basic facts

A. The Defendant purchased sand, etc. from around 2013 between the day-to-day industry (hereinafter “the day-time industry”) and the day-to-day industry.

B. On March 27, 2015, the primary industry of a limited liability company is the Plaintiff.

On March 30, 2015, a notice of the assignment of claims was given to the Defendant on March 30, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s asserted primary industry has a claim for the amount equivalent to KRW 297,944,570 (including value-added tax) due to the supply of the goods to the Defendant from January 2013 to January 2014. Since the Defendant paid only KRW 205,501,560, the primary industry is a claim for payment of the amount equivalent to KRW 92,443,010 to the Defendant.

Therefore, the defendant is obliged to pay to the plaintiff who has taken over the above claim for the price of goods from the Ilsung industry the amount equivalent to KRW 92,443,010 and the delay damages therefor.

B. Determination 1) Furthermore, as to whether the Defendant is obligated to pay the amount of KRW 10 million for the daily industry beyond the above KRW 10 million as the price for the goods, etc., the Defendant cannot be admitted as evidence as to whether there is no evidence to acknowledge the authenticity of the evidence as to whether the Defendant is obligated to pay the amount of the goods, etc. to the daily industry, and as to whether the amount exceeds the above KRW 10,000,000,000,000,000 as the price for the goods, etc., and there is no other evidence to acknowledge this.

3. Therefore, on May 12, 2016, the following day after the Defendant received the above KRW 10 million from the Plaintiff, the Defendant was served with a duplicate of the instant complaint, and the instant case was carried out as “Service by Public Notice,” and the Defendant directly received the duplicate, etc. of the instant complaint on May 11, 2016, and thus, the Defendant is the date on which the Defendant was served with a duplicate of the instant complaint directly.

From now, the existence and scope of the Defendant’s obligation.