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(영문) 인천지방법원 2018.07.24 2017가단14955

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 132,824,297 and the interest rate of KRW 15% per annum from May 9, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On April 13, 2017, the Plaintiff entered into a contract for the transfer and takeover of bonds (hereinafter “instant transfer contract”) with the purport of transferring KRW 164,702,120 to the Plaintiff the claim for the price of the goods held against the Defendant by Co., Ltd. and Co., Ltd. against the Defendant.

B. On April 13, 2017, Co., Ltd. sent a notice of assignment of claims to the Defendant stating that the instant transfer contract was concluded, by content-certified mail, and the Defendant received the said content-certified mail on April 14, 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2-1 and 2-2, the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion summary Co., Ltd. supplied goods to the Defendant to be used in the household and had a claim for the price of the goods. The Plaintiff acquired the claim of KRW 164,702,120, out of the claim for the price of the goods against the Defendant from the Defendant Co., Ltd.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 132,824,297, which is the amount recognized from the payment order of KRW 2017,7045, out of the amount of the transfer contract of this case.

B. The defendant's summary of the defendant's assertion is a company that supplies the attached furniture at the new site of apartment construction, and the person who is a stock company supplies the defendant with the necessary information to manufacture the attached furniture.

However, due to the defect in the overlapping part supplied by the winners Co., Ltd., the Defendant’s attached stuffs installed in the apartment that was newly constructed by Hancheon Construction Co., Ltd., either completely closed the door of the household or discharged the counter part. Accordingly, the Defendant is obliged to repair the defect or compensate for a large amount of damages in lieu of the defect repair.

Therefore, the amount equivalent to the damages due to the defect in the light of the warning slip supplied by the Co., Ltd. should be reduced from the plaintiff's claim amount, and the amount is the plaintiff's.