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(영문) 창원지방법원 2015.10.28 2015가합32356

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the overall purport of the evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, on September 12, 2014, 24,470,423 out of the price that the non-party company supplied and received to the Plaintiff the lecture equipment, etc. (hereinafter “the price of delivered goods of this case”), the non-party company transferred 24,470,423 won to the Defendant (hereinafter “the claim transfer of this case”), and around that time, notified the Defendant by post office content-certified mail with a fixed date of the claim assignment and received the notification to the Defendant on September 18, 2014.

According to the above facts of recognition, the defendant is obligated to pay the above KRW 244,470,423 to the plaintiff, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The summary of the claim is that the Defendant paid all the claim for the supply of the goods of this case to the non-party company prior to the date of the assignment of the claim, and the non-party company transferred KRW 253,201,30 among the claim for the supply of goods of this case to the non-party Gangwon ethyl Co., Ltd. (hereinafter referred to as the "Gangethyl") prior to the transfer of the claim of

B. Determination 1) According to the overall purport of each of the statements and arguments in the evidence Nos. 1 through 7 (including the number of pages) and the facts of recognition, the Defendant, on July 5, 2013, is a non-party Scopex Copex Co., Ltd. (hereinafter “Scopex”).

From around October 16, 2013, the ESP’s production and supply services, which are Brazil CSP facilities, were ordered to KRW 1,784,00,000 for the price and subcontracted to the non-party company the part of the steel frame and interior materials for KRW 870,220,000 for the non-party company. ② The defendant paid to the non-party company a total amount of KRW 815,287,600 for supply supply over several occasions from October 24, 2013 to May 23, 2014; ③ the defendant and the non-party company paid KRW 870,220,00 for the original contract price around September 26, 2014; ③ the defendant and the non-party company paid KRW 815,287,60 for the supply price.