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(영문) 서울서부지방법원 2013.05.23 2012가합31673

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 280,583,641 as well as 20% per annum from August 18, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant, from around 2005 to around 2005, ordered the manufacturing of a new product to E with the trade name “D” (hereinafter “instant factory”) between the Defendant and C, and received a new product from E by placing an order for the manufacturing of a new product to E. From around the end of 2009. From around the end of 2009, the Defendant received a new product from E through F by having F (G) a broker in China manage a factory on the site.

(2) On March 4, 2010, C acquired the instant factory from E, and operated a new launch manufacturing business with the trade name “H”, and the Defendant continued to have been supplied with shoes through F even after C’s factory acquisition.

(3) C supplied a new order to the Defendant from March 2010 to December 201, 201. The current attempted price of supply is a total of KRW 1,571,105 in the People’s Republic of China currency.

B. On May 14, 2012, the Plaintiff acquired the instant claim from C to the Defendant by transfer of the claim 1,571,105 for the supply price of the said new shares to C (hereinafter “transfer of claim”). On June 12, 2012, upon delegation by C, the Plaintiff notified the Defendant of the said transfer of claim.

[Ground of recognition] 1 through 4, 6 through 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Gap 1 through 3, and 7 are admitted by the witness F's testimony and purport of the whole pleadings, and the authenticity of Gap 4, 6, and 8 is recognized by the purport of the whole pleadings, and the authenticity of Gap 4, 6, and 8 is recognized by the purport of the whole pleadings), witness F's testimony, and the purport of the whole pleadings

2. As to the plaintiff's claim for the payment of the transfer money against the defendant prior to the merits, the defendant asserted that the transfer of the claim of this case between the plaintiff and C constitutes a litigation trust with the intent to allow the plaintiff to conduct litigation without any cause. However, there is no evidence to acknowledge this, and therefore, the defendant's defense is justified.