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(영문) 청주지방법원 2015.09.30 2014가단21847
양수금
Text

1. The Defendant’s KRW 29,500,000 as well as 5% per annum from November 20, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 3, 2012, C and D Co., Ltd. (hereinafter “D”) entered into an advertising agency contract with C to provide advertising services for the “E Regional Apartment Housing Association” and pay the price to D.

Since then, the status of the above advertising agency contract of the corporation C was succeeded to the defendant company.

B. On October 5, 2013, F, the actual owner of D and G, the office leader of the Defendant Company, set the price at KRW 100 million for the advertising services provided by the Defendant Company under the said advertising agency contract, and D paid that price to the Defendant Company.

C. D and Defendant Company: (a) issued tax invoices following the provision of services and payment of advertising agency contracts for the purpose of arranging tax relations as E-Regional Housing Association; and (b) transferred the pertinent amount to the Defendant Company in one asset trust that manages funds of the E-Regional Housing Association, the Defendant Company agreed to transfer the remainder of the money excluding the money equivalent to value-added tax (hereinafter “instant agreement”).

The Defendant Company issued a tax invoice on the aggregate of KRW 143 million with the supplied person as the E-Regional Housing Association, and on August 26, 2014, Han Asset Trust Co., Ltd. remitted KRW 143 million to the Defendant Company. On the same day, the Defendant Company remitted the total of KRW 13 million in value-added tax and KRW 29 million in advertising price settlement under the said advertising agency contract. The Defendant Company remitted the remaining KRW 1.5 million after deducting KRW 42.5 million in total as advertising price settlement under the said advertising agency contract.

E. On October 30, 2014, D transferred to the Plaintiff the claim amounting to KRW 29.5 million against the Defendant Company, and around that time, D’s notice of transfer reached the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 4-1, 2, Gap evidence 5-8, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant company is the transferee of the bonds unless there are special circumstances.

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