beta
(영문) 수원지방법원 2018.02.09 2017나72225

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company running the mixed feed sales business, etc. from around 2005 to around 2014, and is a Karogal Fura Co., Ltd. (hereinafter referred to as “a small company”).

(2) The Plaintiff’s employees provided feed directly from the non-party company and directly transferred the cost of goods to the non-party company, while operating the non-party company’s side, E., E., E.S. agent, and arranged for the supply of feed between the non-party company and the Defendant, during the above period. B is the Plaintiff’s employee, who managed the transaction between the non-party company and the non-party company. (2) The Defendant provided feed directly from the non-party company and directly transferred the cost of goods to the non-party company. In this case, the Plaintiff’s affiliated with the Plaintiff, D

B. Around March 27, 2013, the Defendant’s obligation to pay for the non-party company was KRW 525,237,829, but the Defendant’s obligation to pay for the non-party company was paid KRW 20 million on March 30, 2013, and KRW 24 million on the same day to the non-party company, and the Defendant’s obligation to pay for the non-party company was reduced by KRW 499,237,829.

C. On March 30, 2013, KRW 4 million was withdrawn from the Plaintiff’s deposit, and the Plaintiff’s account entry and withdrawal transaction included “Defendant’s loan” in the details of the Plaintiff’s account entry and withdrawal transaction, and KRW 24 million was withdrawn from the deposit in B on the same day, and the account entry and withdrawal transaction entered “the Defendant’s deposit.”

B A around March 28, 2017, transferred to the Plaintiff the claim for reimbursement of KRW 24 million against the Defendant, and notified the Defendant of the assignment of the claim on April 5, 2017, and around that time, the notice was delivered to the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, 6, 9 through 11, and 13 (including branch numbers), testimony of witness C of this court, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff and the plaintiff.