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(영문) 인천지방법원 2019.02.13 2017가단235165

양수금

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1. The Defendant’s KRW 63,104,00 for the Plaintiff and KRW 5% per annum from September 5, 2014 to August 31, 2017, and the following.

Reasons

In full view of the purport of the entire pleadings, the following facts can be acknowledged, taking into account the facts acknowledged as to the plaintiff's ground for appeal Gap evidence Nos. 1 to Gap evidence Nos. 21 (including documentary evidence with a serial number), witness C, and Eul's testimony.

The Plaintiff is a personal entrepreneur who produces and supplies materials necessary for the production of a household with the trade name of “E”. The Defendant is a corporation that mainly supplies and carries out a household-based household and a attached-type household at the construction site of multi-family housing, and Nonparty C is a personal entrepreneur who mainly carries on the household-based processing business with the trade name of “F”.

The plaintiff supplied C with materials, such as step and step, which are necessary for the production of households, and C produced and processed a household, and supplied it to the defendant.

At the time of September 5, 2014, the Plaintiff had a claim for attempted supply of materials of KRW 105,338,540 to C.

C On March 2014, the Defendant received from the Cheongju Corporation (to supply household materials or processed furnitures in the petitioner-gu G apartment at the time of Chungcheongbuk-gu).

C has a claim against the Defendant for attempted supply amounting to KRW 128,216,870 (A14). The sum of the processed household cost of KRW 88,577,270 and household material of KRW 39,639,60.

The statement of transaction Gap 14 is sent by the defendant to C on October 1, 2014, and as of May 31, 2014, along with the e-mail that the defendant's obligation to supply goods to C is the same as above.

C On September 5, 2014, several creditors, including the Plaintiff, transferred KRW 120,000,000 among the bonds for supply to the Defendant that C had against the Defendant.

On September 15, 2014, the assignees, including the Plaintiff, delegated the notification authority from C and notified the Defendant of the assignment of claims.

The defendant received the notification on the following day.

The assignees, including the Plaintiff, agreed that KRW 120,000,000,000, in accordance with the ratio of the amount of each claim for each of them, were divided by the Plaintiff and the other obligees.

The plaintiff is from C.