beta
(영문) 전주지방법원 2016.06.01 2015가합1962

양수금

Text

1. The Defendant’s KRW 203,834,00 for the Plaintiff and KRW 5% per annum from February 4, 2015 to May 9, 2015.

Reasons

1. The assertion and judgment

A. (1) The parties’ assertion (1) The Plaintiff Company B (hereinafter “B”) traded to supply goods, such as computers and peripheral devices, to C operated by the Defendant from January 1, 2013 to November 6, 2013 (hereinafter “instant goods transaction”); and the price of goods the Defendant did not pay to B by January 30, 2015 shall be KRW 203,834,000.

(hereinafter “instant claim for the price of goods.” Meanwhile, the Plaintiff acquired the instant claim for the price of goods from B on January 30, 2015, and notified the Defendant of the transfer of the said claim on February 2, 2015, and the Defendant is obliged to pay to the Plaintiff the money stated in the claim for the transfer price and the damages for delay.

(2) Since Defendant B and a person who traded the goods of this case are individuals who are not C, there is no claim for the purchase price of the goods of this case claimed by the Plaintiff. Thus, the Plaintiff’s claim for the purchase price of this case premised on the existence of the purchase price claim of this case is unreasonable.

B. (1) Examining whether the Plaintiff’s claim for the purchase price of the instant goods exists prior to the determination of the Plaintiff’s claim for the transfer price of the instant goods, it is reasonable to deem that there existed the instant goods transaction between B and C, if the following evidence and the testimony by the witness E of the court and the purport of the entire pleadings are comprehensively reflected in the evidence and the testimony by witness E of the court. Thus, the Defendant is the representative of C, who is obligated to repay the instant goods price claim

① From January 1, 2013 to November 3, 2013, B may each recognize the fact that the Hadd F goods were supplied to C (Evidence Nos. 4 and 5 of the A), the fact that the amount of unpaid goods was 203,834,000 on January 31, 2015 (Evidence No. 5 of the A), and the fact that if the sales of the Had F goods were to occur, the sales amount was to be deposited from the account in the name of “A (C)” to the customer (Evidence No. 5 of the A).

2. The witness E of this Court shall be "D and 10 years for himself, the representative of B.