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(영문) 수원지방법원안산지원 2016.09.07 2015가단35379

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,026,860 to the Defendant (Counterclaim Plaintiff) and its payment from June 23, 2016 to the date of full payment.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

Around June 2013, the Defendant entered into an oil supply contract with the Joint Development Co., Ltd. (hereinafter referred to as “Joint Development”) with the following terms:

The Defendant entered into a contract with the Union Development upon entering into the said contract for assignment of claims with the following contents:

In addition, the Union Development shall indicate itself as creditor, the defendant as third-party creditor, and the debtor column as creditor, and the debtor shall transfer to third-party creditor the full amount of the debt to be paid to you under the oil supply contract between the above creditor and the third-party creditor at the time this content is certified, and the payment of the full amount of the debt to the third-party creditor is made to the third-party creditor. The certificate of seal impression of this notice shall not be at the time of the notification of the assignment of the assignment, but at the time of the oil supply contract between the debtor and the third-party debtor, specify the substitution with the certificate of seal impression of the time of the oil supply contract between the debtor and the third-party debtor, and each notice shall be affixed with the certificate of seal impression affixed, and then the defendant shall be issued.

The United Nations Development issued an electronic bill of value of KRW 30,00,000 at face value on December 11, 2014 for the payment of oil supply to the Defendant, and an electronic bill of KRW 70,000 at face value on January 31, 2015, but the said bill was refused each payment on February 2, 2015, and the main development is the United Nations Development.

The address of the customer, the details of the tax invoice issuance, and the details of the outstanding amount were delivered to the defendant.

On March 24, 2015, the Defendant sent to the Plaintiff by content-certified mail each supplement to the original copy of the notice of assignment of claims received from the Union Development as “A” and “B (3rd floor) in Kui-si,” and “the date of preparation” on February 2, 2015, and the Plaintiff received it on February 26, 2015.

On November 4, 2014, the Plaintiff’s term of the lease deposit KRW 10,00,000, monthly rent of KRW 550,000, and the contract period of the lease deposit of KRW 201, Suwon-si, Suwon-si, Suwon-si.