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(영문) 서울남부지방법원 2015.03.20 2013가합18432

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 피고는 A 주식회사(이하 ‘A’이라고 한다)로부터 자동차용 쇽업쇼바 부품인 B/ASS'Y(이하 ‘베이스아세이’라고 한다) 조립용역을 수주함에 따라 자동용접설비장치가 필요하게 되었다.

On April 17, 2012, the Defendant submitted a quotation (hereinafter “instant quotation”) of KRW 408,109,000 (excluding value-added tax) (hereinafter “value-added tax”) to automatic contact equipment equipment (hereinafter “the instant machinery”) from Mesca Co., Ltd. (hereinafter “Isca”) for the said year.

8. On November 15, 2012, a contract was concluded between the non-party company and the non-party company with the content that “the non-party company manufactures the instant machinery in the same specifications as the instant quotation, and delivers it to the defendant by November 15, 2012.”

(hereinafter “instant contract”). B.

On November 2012, the non-party company supplied the Defendant with the instant machine, which had been missing a successor inspector (a device that automatically inspects the quality of Vietnamese) to the police officer.

On the other hand, the non-party company produced and supplied 20,000,000 won (excluding value-added tax) at the request of the defendant.

C. Nonparty Company: (a) KRW 30,000,000 on August 30, 2012; (b) KRW 50,000,000 on October 30, 2012; and (c) KRW 100,00,00 on February 7, 2013; and (c) the same year.

2. 91,574,105 won, and the same year;

4. A total of KRW 301,574,105, including KRW 30,000,000, was paid.

On November 4, 2013, the non-party company transferred the remaining claim against the Defendant to the Plaintiff at KRW 105,425,895, and notified the Defendant of the assignment of the claim on November 12, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-5, Eul evidence 4-5, Eul evidence 6-1-7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned and the defendant's non-party company and the defendant's transmission equipment out of the instant machinery.