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(영문) 수원지방법원 2019.05.21 2018가단555870
물품대금
Text

1. As to the Plaintiff KRW 31,650,725 and KRW 13,908,00 among them, the Defendant shall start on October 31, 2018, and the remainder of KRW 17,742.

Reasons

1. The following facts are recognized in full view of evidence Nos. 1 to 9, evidence Nos. 1 to 4, and the purport of the entire pleadings.

A. From December 2017 to January 2018, the Plaintiff supplied the Defendant with goods equivalent to KRW 21,120,000 (including fares and value-added taxes). The Defendant paid KRW 11,840,000 for the total amount of KRW 6,000 on February 14, 2018, and KRW 15,840,000 on October 15, 2018, and the unpaid amount of goods is KRW 9,280,00.

B. 1) The E Co., Ltd. (hereinafter “E”).

() On February 20, 2018, the Defendant transferred KRW 17,742,725 (including value-added tax) to F. On February 20, 2018, F sent the notice of the said assignment of claims to the Defendant by content-certified mail under the delegation of E on February 20, 2018, and the said notice of assignment of claims reached the Defendant on February 21, 2018 (in light of the fact that the seal of the representative director is affixed on the said notice of assignment of claims, it is reasonable to deem E to have delegated the said notice to F.

(2) On April 17, 2019, F transferred KRW 17,742,725 (17,725) to the Plaintiff as seen above. On April 17, 2019, the Plaintiff sent the notice of assignment of the said assignment to the Defendant by content-certified mail, and the said notice of assignment to the Defendant reached the Defendant on April 18, 2019. (2) On February 20, 2018, E transferred KRW 4,628,00 (including value-added tax) to the Plaintiff.

On February 20, 2018, the Plaintiff sent the notice of assignment of claims to the Defendant by content-certified mail under the delegation of E, and the notice of assignment of claims reached the Defendant on February 21, 2018.

(In light of the fact that E’s seal is affixed on the notice of assignment of claims, E shall be deemed to have delegated the Plaintiff with the authority to notify the said assignment of claims. 2. According to the above fact of recognition, the Defendant shall pay the Plaintiff the amount of KRW 31,650,725 with the amount of KRW 9,280,000 with the amount of KRW 17,742,725 with the acquisition of claims.

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