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(영문) 대전지방법원홍성지원 2017.11.29 2016가단9483

물품대금

Text

1. The Defendant’s KRW 1,923,050 as well as the Plaintiff’s annual rate from September 21, 2016 to November 29, 2017.

Reasons

1. Basic facts

A. On August 25, 2016, the Plaintiff entered into a contract with A (hereinafter “A”) to transfer KRW 25,400,000 to the Defendant’s goods payment claim from A (hereinafter “A”).

(hereinafter referred to as “transfer of claim of this case”). (b)

A sent a content certification on August 25, 2016, and notified the Defendant of the assignment of claims, and the above notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1) The plaintiff's assertion that A had a claim for the purchase price of goods equivalent to KRW 25,400,000 to the defendant at the time of the transfer of the claim in this case, and the defendant should pay the above amount to the plaintiff as the assignee of the claim. 2) The defendant's argument that the defendant

On March 31, 2016, the transaction was terminated, and the price of the goods to be paid to A was 1,923,050 won at the end of the transaction.

The defendant returned the goods supplied to A over several times due to the defect in the goods supplied to A, and the return price is 16,340,450 won at the time of the conclusion of the transaction.

Therefore, the Defendant did not have the obligation to pay the goods to A and instead received 14,417,400 won from A (=16,340,450 won - 1,923,050 won).

B. Determination 1) According to each of the statements in Gap evidence Nos. 5 through 8, the following facts are acknowledged: (a) the total amount of sales to the defendant reported to the competent tax office from 2013 to 2016 was 1,869,668,000; and (b) the Defendant’s total amount of sales to the defendant paid to A as a bank account in 2015 and 2016 was 1,029,000. However, in light of the following circumstances acknowledged by Gap evidence Nos. 4, Eul evidence Nos. 1, 2, 5, and 6 (a serial number is included, and the evidence submitted by the plaintiff is merely based on the facts acknowledged earlier and the evidence submitted by the plaintiff as to the defendant at the time of the transfer of this case.