양수금
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a person engaged in fiber wholesale and retail business with the trade name of “F,” and D (hereinafter “D”) is a company with the purpose of manufacturing and wholesale business of clothing, and rehabilitation company B (hereinafter “B”) is a stock company with the purpose of manufacturing, selling, and selling products for industrial use, and the Defendant is a manager B.
B. As between December 2, 2013 and June 2014, the Plaintiff supplied D with clothing raw materials, etc., and as from June 10, 2014, D prepared and delivered a payment note with the content that D will pay to the Plaintiff the settlement amount received from D after D from D, the prime contractor B (hereinafter “instant payment note”), 90% of the settlement amount that D would pay to the Plaintiff without any conditions (hereinafter “instant payment note”).
C. Even after the completion of the instant letter of payment, D did not pay the price of goods, the Plaintiff, as its agent, entered into a contract with D on June 26, 2014, under which the Plaintiff would receive the goods payment claim amounting to KRW 320,408,666 out of D’s claim for the goods payment claim against D from D (hereinafter “instant contract for assignment of claims”). D.
D On June 27, 2014, the notification was sent to B with content certification, and the notification reached B on June 30, 2014.
E. Meanwhile, on September 1, 2014, D and B drafted a written agreement confirming that the final transaction price to be paid to D is KRW 505,00,000 (including value-added tax). Around October 2014, B filed an application for the filing of a lawsuit against D with Seoul Eastern District Court 2014Da865, and drafted a protocol of protocol with the following content on March 26, 2015.
Section 1.3
1. B and D as a result of the lawful termination and settlement of the transaction relationship between B and D, the transaction amount to be paid to D is KRW 505,00,000 (including the final transaction amount of KRW 583,376,099 - the final defect compensation of KRW 78,376,09, and value added tax).
2.B and D shall be subject to any final settlement as referred to in paragraph 1.