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(영문) 서울고등법원 2016.12.09 2016나2038229 (1)

양수금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On April 9, 2013, 2013, KSC Co., Ltd. (hereinafter “SKKK”) concluded a contract on the transfer of business between the Plaintiff and the Plaintiff to the Plaintiff to transfer the KSC water treatment business, and transferred 1,248,097,550 won of the outstanding amount of the outstanding amount of the purchase price of the goods arising from the product transaction between the Plaintiff and the Defendant (hereinafter “existing outstanding amount of the purchase price”). On May 24, 2013, 2013, the Defendant notified the Defendant of the assignment of the claim.

Meanwhile, at the time of filing the instant lawsuit, the principal of the outstanding amount receivable remains in KRW 952,347,550.

B. The Plaintiff and the Defendant traded new goods from June 28, 2013 to September 2, 2014. Accordingly, the Plaintiff and the Defendant incurred KRW 189,727,640, out of the new price of goods (hereinafter “new amount receivable”).

C. The Plaintiff received KRW 45,000,000 from the Defendant on July 31, 2015, and KRW 15,000,000 on November 13, 2015, and KRW 45,000,000 on a total, from the Defendant. On March 24, 2016, the Plaintiff received dividends of KRW 22,085,330 as the applicant creditor and the mortgagee as the mortgagee-mortgage-mortgage-mortgage-backed creditor in the distribution procedure for the real estate rental auction conducted as the Daejeon District Court Support A, Daejeon District Court on March 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 7 and 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the remainder and the outstanding amount to the Plaintiff (i.e., KRW 952,347,50,550, KRW 189,727,640, KRW 30,000- KRW 15,000,000- KRW 222,085,330), and damages for delay.

B. Judgment on the Defendant’s assertion of false conspiracy, etc. 1) Summary of the Defendant’s assertion of false conspiracy, etc. 1) Of the existing accounts receivable, the amount equivalent to 12% of the outstanding accounts receivable shall be issued only by the tax invoice without the transaction of goods in order to keep the sales performance.