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(영문) 대구지방법원 서부지원 2018.04.11 2016가단58960

양수금

Text

1. The Defendant’s KRW 12,711,200 as well as the Plaintiff’s annual rate from March 29, 2015 to April 11, 2018.

Reasons

1. Determination as to the cause of claim

A. On November 20, 2014, the Plaintiff entered into a contract with C (hereinafter “C”) on the assignment of claims for the supply of steel products of KRW 55,211,200, which C had against the Defendant, with the purport that the Plaintiff takes over. C notified the Defendant of the assignment of claims on March 27, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. The Plaintiff’s assertion 1) On April 30, 2014, C supplied the Defendant with 35,211,200 won (including value-added tax); on June 9, 2014, H beam amounting to KRW 27,711,000 (including value-added tax); on May 7, 2014, KRW 5,000,000; and around June 9, 2014, KRW 15,000,000 was paid from the Defendant; thus, the Defendant was not obligated to pay KRW 35,211,200 (including value-added tax), KRW 27,211,200, KRW 200, KRW 5,000 (including value-added tax) to the Defendant, the assignee, KRW 30,000, KRW 300, KRW 15,000, KRW 105,000 and KRW 15,205,000).3).

C. Determination 1 on April 30, 2014: (a) there is a tax invoice No. 1-7, as evidence consistent with the fact that the portion of the scrap metal transaction was not recognized: (b) however, the said evidence alone is insufficient to acknowledge that a scrap metal transaction equivalent to KRW 27,50,000 exists between C and the Defendant around April 30, 2014, as alleged by the Plaintiff, and there is no other evidence to prove otherwise.

Rather, according to the statement No. 10-10 of the evidence No. 1 and witness D’s testimony, there was a scrap metal transaction between C and the Defendant, but there was no scrap metal transaction equivalent to KRW 27,500,000 between C and the Defendant as of April 30, 2014 as of April 30, 2014, and the said tax invoice merely states that there was a lack of tax invoices.