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(영문) 서울남부지방법원 2017.09.29 2016가합112519

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1 Conclusion of a contract between the parties, etc.

) The public official pension corporation shall purchase projects to establish a computerized system of the public official pension corporation ordered by the public official pension corporation (hereinafter referred to as “instant projects”).

(2) On December 16, 2015, the Defendant subcontracted the instant business to the Defendant with the total amount of KRW 350,130,000 (including value added tax) and the settlement terms “cash settlement within 30 days after the completion of the examination.” 2) On December 15, 2015, the Defendant subcontracted the instant business again to the Defendant with the last amount of KRW 339,524,90 (including value added tax), the terms of the payment, and the “day cash settlement after the payment of the original amount” (hereinafter “the instant payment terms”). The Defendant paid KRW 45,00,000,000 on July 145, 2016, and KRW 20,000,000,000 on August 1, 2016, 200,000 on the remainder of the character amount, respectively.

3) Meanwhile, character media transferred the outstanding amount of KRW 274,524,90 to the Defendant of the character media to the Plaintiff, and the Plaintiff’s media subcontracted the instant business in sequence to the Plaintiff, Inc., and the Plaintiff’s media to the Plaintiff, Inc., and the Plaintiff Company B. B. On October 6, 2016, character media entering into a contract for the transfer and takeover of claims by the Plaintiff and the Plaintiff’s character media to the Plaintiff with the instant business in order to repay the Plaintiff’s debts owed to the Plaintiff amounting to KRW 285,00,00 (including additional duties). On October 10, 2016, the Plaintiff notified the Defendant of the transfer of the outstanding amount of KRW 274,524,90,00 to the Defendant of the instant business.