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(영문) 인천지방법원 2020.04.29 2019나53917

양수금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who produces and supplies materials necessary for household production with the trade name of “E”.

The defendant is a corporation that produces and delivers office furniture, household furniture, and attached furniture, etc., and C is a personal business operator who engages in the household management business in the trade name of "F".

B. C has produced and processed furnitures with materials, such as a joint board and line, from the Plaintiff and supplied them to the Defendant.

C around March 2014, around 2014, the Defendant supplied household materials or processed furnitures to G apartment located in Cheongju (hereinafter “Cheongju Construction Site”).

C. B around September 5, 2014, around September 5, 2014, the Plaintiff was liable for the payment of the price for the supply of materials to the Plaintiff.

C On September 5, 2014, on the part of the Defendant, drafted a bond transfer contract with the effect that the amount of KRW 120,000,000 to the Plaintiff, K, L, M, and N (hereinafter “Plaintiff, etc.”) is transferred to the Plaintiff, K, M, and delegated the right to notify the transfer to the Plaintiff, etc.

Plaintiff

On September 15, 2014, etc. notified the Defendant of the assignment of claims of KRW 120,000,000 to the effect that the Defendant was assigned with the content certification, and the above notification was delivered to the Defendant on September 16, 2014.

E. The Plaintiff et al. filed an application for provisional seizure of the Defendant’s claim against C as to the claim amounting to KRW 120,000,000, with the claim amounting to KRW 120,000,00, which was acquired from C, as the Busan District Court Branch Decision 2014Kahap674. On October 20, 2014, when the provisional seizure procedure for the claim was in progress, the Plaintiff et al. specified the claim amount to KRW 63,104,00,00.

[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's Evidence Nos. 1 through 4, 6 through 9, 15, 16 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is as follows: Gap’s 13-1 and Gap’s 14-1.