beta
(영문) 수원지방법원 2018.02.02 2017가단20483

보험금청구채권양도통지등

Text

1. The Defendant (Counterclaim) shall set forth the “insurance company” column in the attached Table 1 list to each of the relevant companies.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 21, 2013, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant, setting the ratio of profit distribution as 50% each, respectively, and jointly run the wholesale and retail business with the trade name “C” from April 1, 2013.

B. On April 10, 2014, the Plaintiff and the Defendant terminated the partnership relationship, and the Defendant alone operated “C”, and assessed “C”’s total assets as KRW 110,024,922, and the Defendant paid KRW 55,012,461 to the Plaintiff by May 31, 2014, the total assets of “C” as KRW 110,024,92.

(1) The Plaintiff and the Defendant paid KRW 24,150,000 to the Plaintiff according to the first settlement agreement. (c) In light of the fact that the Plaintiff and the Defendant raised issues with respect to the second settlement agreement and the Defendant had more investment amount than that of the Defendant at the time of the operation of the business in June 2014, the glass inventory amount is divided by the proportion of 3:4. The Plaintiff and the Defendant had an outstanding amount of KRW 31,38,764, the Plaintiff and the Defendant had an outstanding amount of KRW 31,38,764, and assets, such as the outstanding amount, etc. against the other general customers, the Defendant has an outstanding amount of KRW 14,60,000, the difference between the settlement, and KRW 14,600,000 from August 31, 2014 to October 31, 2014 to the end of each month (hereinafter referred to as “the second settlement agreement”).

The term "vehicle number" in the attached Table 2 list in the "C" is the corresponding amount indicated in the "amount" column in the same list, and the insurance company with respect to each of the above repair costs is the corresponding company stated in the "insurance company" column in the attached Table 1.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 14 (including each number, hereinafter the same shall apply), the purport of whole pleadings

2. Judgment on the plaintiff's main claim

A. According to the above facts of recognition as to the cause of the claim, the defendant shall reach the second settlement agreement.