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서울남부지방법원 2017.04.27 2016가단249087

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 174,866,50 and the interest rate of KRW 15% per annum from October 15, 2016 to the date of full payment.

Reasons

1. Determination on the plaintiff's claim

A. In full view of the purport of the arguments stated in Gap evidence Nos. 1 through 8, non-party corporation Lee (hereinafter referred to as "non-party corporation") entered into a contract for the supply of goods for the construction of the bus AFC system with the Chungcheongnam-Nam Smart Card Limited Company (hereinafter referred to as " Chungcheongnam-Nam Smart Card") on August 1, 201 and carried out the contract and the remaining goods price claim. On November 28, 2014, the defendant took over the business sector related to the construction, operation, and settlement of the transportation card system of the Chungcheongnam-Nam Smart Card, and transferred the above company's assets and liabilities to the plaintiff on December 15, 2015, the non-party corporation Lee 18,936,500 won (including value-added tax), and the defendant notified the plaintiff of the above fact that the plaintiff's payment for the remaining goods was transferred to the plaintiff on 00,000 won of the remaining goods price for the Chungcheong Smart Card, and the plaintiff notified the plaintiff of the above 3060,50,50, and 506,0, and 50,0.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the acquisition amount and the subrogated payment amount of KRW 174,866,50 (i.e., KRW 118,936,500) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 15, 2016 to the date of full payment, as sought by the Plaintiff.

2. As to the judgment on the Defendant’s assertion, the Defendant shall pay to the Defendant the device installed in the Chungcheong bus.