beta
(영문) 인천지방법원부천지원 2016.02.16 2015가단24692

물품대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

The Plaintiff’s (hereinafter “Nonindicted Company”) equivalent to KRW 7,150,000 on April 20, 2014 to Nonparty LLC Co., Ltd. (hereinafter “Nonindicted Company”) and the same year

5. On September 29, 29, the Plaintiff agreed to supply each part supply machine in the amount of KRW 29,480,000, and thereafter supplied the said part supply machine to the Nonparty Company (hereinafter “instant product”).

However, while the non-party company paid only a part of the above goods, and did not pay KRW 34,650,000, the plaintiff, the non-party company, and the defendant paid the remaining goods to the plaintiff on July 15, 2015 (hereinafter "the agreement of this case"), the supplier, and the counterpart defendant, and the defendant's internal director C signed the agreement in the column of the acquirer.

On July 20, 2015, according to the instant agreement, the non-party company paid the Plaintiff the above KRW 34,650,000 (31,50,000 and value-added tax) to the Defendant, and notified the Defendant in writing that the amount paid should be deducted from the Defendant’s balance payment obligations with respect to the non-party company.

(hereinafter “instant demand for direct payment”). On August 20, 2015, Nonparty Company notified the Defendant of the assignment of claims to the effect that Nonparty Company transferred KRW 55,00,000 to Nonparty D the purchase price claim of Nonparty Company to Nonparty D with content certification.

(hereinafter “Notification of Assignment of Claim”). On November 11, 2015, the Defendant deposited KRW 56,960,000 calculated by deducting KRW 23,040,000 for delay damages of the non-party company from KRW 80,000 in the balance of the goods payment obligation by Otototoo against the non-party company under the control of 3290,000 in gold 20,015, pursuant to the latter part of Article 487 of the Civil Act, and the deposited person was entered in the non-party company, the Plaintiff, and the Defendant.

(hereinafter “instant deposit”). On October 14, 2015, the Plaintiff issued an electronic tax invoice against Nonparty Company regarding KRW 16,885,000, equivalent to five of the instant products.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, Eul 1.

참조조문