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(영문) 서울서부지방법원 2018.03.08 2016가단249048
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The non-party 134,214,784, which is the cause of the Plaintiff’s claim, supplied Puck to the Defendant and transferred the claim amounting to KRW 117,821,978 to the Defendant on September 8, 2016. As such, the Defendant is obligated to pay KRW 117,821,978 to the Plaintiff, the assignee of the claim. If the Defendant did not supply Puck from the Puck industry, the Puck industry is supplied to the Defendant by mistake without a contractual relationship with the Defendant, and the Defendant is obligated to pay the Plaintiff the amount of sales of the pertinent Cuck as unjust enrichment.

2. Determination

A. According to Gap evidence Nos. 13, Eul evidence Nos. 13, Eul evidence Nos. 3, Eul evidence Nos. 9-2, and Eul evidence Nos. 24, as to the claim for the purchase of goods, on April 30, 2015 (hereinafter "effective Resources")

However, the tax invoice does not directly prove the existence or absence of the current legal relationship between the parties (see, e.g., Supreme Court Decision 2001Da53714, Dec. 14, 2001); and in light of the following circumstances acknowledged by comprehensively considering Gap evidence Nos. 5, 7, Eul evidence Nos. 1 through 26, Eul evidence Nos. 1 through 36, witness C, and witness E’s testimony and some testimony of witness E, the Mur industry as above is the defendant.

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