beta
(영문) 서울동부지방법원 2016.12.09 2016나23351

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

The plaintiff (Counterclaim defendant) based on the insurance contract mentioned above.

Reasons

1. Facts of recognition;

A. Parties A Co., Ltd. (hereinafter “A”) are companies that engage in the manufacture and sales business of paper World Cup, and the Defendant is a company that supplies original paper, etc. used in the manufacture of paper World Cup.

B. Aelte Co., Ltd. (hereinafter “Aelte”) had a claim for mechanical costs of KRW 200 million against A.

On February 18, 2013, AELE transferred the above mechanical cost claim to the defendant, and A consented to the assignment of the above claim.

(2) The Defendant’s obligation to the Defendant by paying to the Defendant the sum of KRW 120 million from April 9, 2013 to September 14, 2013.

A around that time, A delivered to the Defendant a 3,000 won promissory note at the face value of 5,000 foot per unit issued by Korea Pampling Co., Ltd. and a 3,000 won foot promissory note at the face value of Korea Pampling Co., Ltd., and there was a endorsement by A in the above

On October 24, 2013, the date of payment, the number of units of the relevant promissory note was settled in default, and the said promissory note was disposed of in default on November 28, 2013, the date of payment.

C. A’s acquisition and trade name change (B) C accepted A around November 2013, and around November 15, 2013, D, the representative director of A, was appointed as C, and A’s trade name was changed to B (hereinafter “B”) around November 25, 2013.

B and the defendant 1 B requested the defendant to supply the original land around December 2013.

On December 16, 2013, the Defendant supplied KRW 24,078,318, KRW 16,330,380 on January 2, 2014, KRW 20,480, KRW 119 on January 13, 2014, KRW 27,059,032 on January 20, 2014, and supplied KRW 87,947,849 on total.

Bon January 9, 2014, KRW 11,98,318, KRW 13,980,00 on January 13, 2014, KRW 16,330,00 on January 14, 2014, KRW 20,000 on January 27, 2014, and KRW 27,539,531 on February 21, 2014.