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(영문) 서울남부지방법원 2018.08.22 2017가단259432
양수금
Text

1. The Defendant: (a) KRW 62.7 million to the Plaintiff and the Plaintiff’s 5% per annum from October 13, 2016 to December 4, 2017.

Reasons

1. Facts of recognition;

A. Fura system (hereinafter “Fura system”) is a company manufacturing network security goods, etc., and the Defendant entered into a total sales contract that allows the exclusive sale of goods, etc. produced by Fura system, and the Plaintiff is a company that distributes and installs network security goods.

B. On June 30, 2016, the Defendant issued a tax invoice of KRW 62,70,000 and KRW 58,330,000 for each of the above equipment to the Plaintiff as of June 30, 2016, when the Plaintiff did not supply each of the above equipment to the Plaintiff for KRW 62,70,000,000,000 for 5,000,000 for 5,000,000 for 5,000,000 for 5,000,000 for 365,000,000 for 5,000,000 for 5,000,000 won for 365,000 won for ever bank equipment.

C. On October 12, 2016, the Defendant transferred each of the above claim against the Plaintiff for equipment costs (total of KRW 120 million) to the Fura system, and on the same day notified the Plaintiff of the said transfer.

On October 13, 2016, the Plaintiff paid KRW 500,000,000 to the system, including KRW 121,000,000 won, and KRW 130,250,000 and KRW 246,50,000,000,000, which was notified of the assignment of claims by the Defendant, and KRW 121,000,000,000,000,000,000

E. Since then, the Plaintiff was supplied with the equipment of the instant bank from the Defendant and installed in our bank, but the equipment of the instant Jeonbuk bank was canceled sales from the Jeonbuk bank, and was not supplied with the equipment of the instant Jeonbuk bank from the Defendant.

F. The Plaintiff demanded the Defendant to return KRW 62,70,000,000 to the equipment cost of the instant bank, which was already paid upon the supply or non-supply of the equipment of the instant bank, but the Defendant rejected such demand. The Plaintiff rescinded the contract for the supply of equipment of the instant bank.

[Ground of recognition] dispute.

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