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(영문) 창원지방법원거창지원 2017.11.28 2017가단884
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On July 30, 2014, the Plaintiff’s assertion B Co., Ltd. (hereinafter “Co. B”) concluded an order production contract with the Defendant and subsequently held sales rights for the entire parts of the building (building materials) produced by the Defendant. The Plaintiff, upon acquiring B from November 2, 2015, purchased B from the Defendant, thereby acquiring B, from November 2, 2015, took over 33,416 g of the same page, which was owned by B against the Defendant, owned by the Plaintiff. The said 33,416 g was owned by the Plaintiff. Since the Defendant sold the above 33,146 g of the building materials on another page, the Defendant is obligated to pay the Plaintiff the above 150,000 won and delay damages.

B. Determination B has an independent legal personality as a legal entity under the Commercial Act, and both B and the Plaintiff are subject to separate rights and duties, and even if the Plaintiff asserted, the Plaintiff acquired B from C.

Even if so, it cannot be viewed that B naturally transferred to the Plaintiff the right of sales of the building sold by B against the Defendant, and there is no evidence to deem otherwise that the Plaintiff acquired the right from B to the above 33,416kg.

Therefore, the plaintiff's above assertion is without merit, and there is no need to examine the existence of ownership of B related to the above 33,416kg.

(B) According to the statement in Eul evidence Nos. 1, B, on July 30, 2014, the defendant entered into a contract with the defendant to manufacture the product and sell the product, and it does not include the content that the defendant's ownership of the product produced by the defendant in the above contract belongs to B. Thus, it cannot be deemed that the defendant's ownership of the above 33,416kg produced by the defendant belongs to B. Thus, the plaintiff's claim in this case is dismissed. It is so decided as per Disposition.

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