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(영문) 대구지방법원 2016.01.29 2014가합6217

양수금

Text

1. The Defendant’s KRW 5,022,754 as well as 6% per annum from November 6, 2012 to January 29, 2016, and the following.

Reasons

1. Basic facts

A. A (hereinafter “A”) between the Defendant and the Defendant, and upon receiving and processing the original materials of automobile parts from the Defendant, the Defendant paid the price of the goods to A (hereinafter “instant transaction”).

After the goods supplied by A are found to be defective in the course of the above transaction, the defendant filed a claim that the goods are clean. If the defendant does not raise an objection against A, the defendant paid the goods price after deducting the expenses for the quantity of the goods that he/she raised from the price of the goods that he/she should later pay to A (hereinafter referred to as "click amount").

B. As to the instant transaction, between August 28, 2010 and November 2, 2012, between 2010 and 4.4, between 201, 2010 and 194.4, 208, 201, 313, 188, 465 August 28, 2010; 378, 378, 384, 384, 2010, 1671, 829, 205, 50, 201, 208, 196, 167, 30, 205, 50, 200, 196, 196, 206, 196, 10, 206, 200, 196, 205, 200

C. On October 12, 2012, A transferred to the Plaintiff the claim for the price of goods (hereinafter “instant claim for the price of goods”) held against the Defendant according to the instant transaction (hereinafter “instant claim”). On the same day, A notified the Defendant of the said assignment of claims, and on October 15, 2012, A sent the said notification to the Defendant.

A was virtually closed in October 2012, and thereafter the Defendant was not supplied with the raw materials of the automobile parts.

【Ground of recognition】An absence of dispute, A 1.