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(영문) 서울북부지방법원 2016.12.23 2016가단108226
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 22, 2013, C Co., Ltd. (hereinafter “C”) entered into a contract with the Seowon Agricultural Cooperative (hereinafter “C”) on the supply of food materials, etc. to C, and upon the supply of food materials, etc. to the Seowon Agricultural Cooperative, C entered into a contract with an institution providing group meals by attaching the trademark to the said goods.

B. In order to prevent the suspension of the supply of food materials, the Seocho Agricultural Cooperative supplied the food materials, etc. from being supplied by the Defendants, and thus, rejected the supply of food materials, etc. from being properly paid by the Defendants. In order to prevent the suspension of the supply of food materials, C paid the Defendants the price of the goods, such as food materials, on behalf of the Defendants, as indicated below.

The amount paid by Defendant Co., Ltd. on March 31, 2014; KRW 7,775,290; KRW 7,09, or April 4, 2014; KRW 7,000; KRW 6,112, or 740 on April 4, 2014; KRW 10,00 KRW 30; KRW 10,000; KRW 10,000; KRW 10,00; KRW 36.4; KRW 20,00; KRW 10,000; KRW 30; KRW 6.3,5,000; KRW 20; KRW 6.4; KRW 7,000; KRW 7,000; KRW 7,00; KRW 5,000; KRW 5,000; Defendant Co., Ltd.; KRW 205,6.3,605; and KRW 205,75,2014.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Defendants were entitled to receive the price of goods, such as food materials, from the Seowon, was paid in advance to the Defendants on the condition that the price of goods received in advance from C was returned. The Plaintiff was transferred the claim for the refund of the aforementioned advance payment by C.

Therefore, the Defendants are the Plaintiff.

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