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(영문) 수원지방법원성남지원 2017.12.08 2017가합400317

용역비

Text

1. As to the Plaintiff KRW 57,057,096 and KRW 43,910,00 among them, the Defendant shall start on July 1, 2016, and the remainder of KRW 13,147.

Reasons

1. Determination on the part concerning the claim for the amount transferred

A. Facts of recognition 1) B and the defendant around April 27, 2016 (hereinafter “instant CF”) shall be C Women’s S Rexroth (hereinafter “CF”).

(3) The instant CFT contract is referred to as the “instant CFT contract” (hereinafter referred to as the “instant CFT contract”) with respect to Class 3 9,000 points (three points).

(2) Upon entering into the instant contract, B produced and supplied the instant CF to the Defendant as the original unit supplied by the Defendant, the amount of KRW 7,000 per CFT (21,000 per sheet) was calculated and paid to the Defendant. B supplied CFT 8,933 points to the Defendant under the instant contract for the instant CFT, and the said CFT 8,933 points was composed of 2,924 feet (8,772 points) and 110 points per piece, and 51 points per piece, respectively.

3) On December 6, 2016, B transferred the claim for the supply price under the instant CFT contract to the Plaintiff, and on December 19, 2016, B notified the Defendant of the assignment of the said claim by content-certified mail. The instant assignment of claim reaches the Defendant around that time. 4) On June 20, 2016, the Defendant paid KRW 13,000,000 to the account under the name of D in the name of the Plaintiff Company’s auditor.

5) The Plaintiff was returned a total of 214 feet from the instant CF land supplied by the Defendant, June 20, 2016, and June 27, 2016, and 214 feet on 84 feet from the same month. [The Plaintiff did not have any dispute over the grounds for recognition, and the purport of the entire entries and arguments in Gap’s 1, 3, 4, and 5, and the purport of the whole pleadings

B. According to the above facts of determination as to the cause of claim, the defendant deducteds the amount of supply for the 214 tax that the defendant returned to the plaintiff who is the transferee of the contract for supply of goods from the amount of 56,910,000 won (= CFT 2,710 feet 2,710 feet - (2,924 feet delivered to the defendant by the plaintiff) - (214 feet returned by the plaintiff by the defendant) and the plaintiff deducts the amount of supply for the 214 tax rate that the defendant returned from the amendment of the claim and the cause of claim made on March 10, 2017. x 21,000 won x 21,000 won paid by the defendant to the plaintiff who is the transferee of the contract for supply of goods. < Amended by Presidential Decree No. 17034, Oct. 10, 200>