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(영문) 광주지방법원 2015.03.26 2014가합51000
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 172,690,415 as well as 20% per annum from March 4, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On February 5, 2014, the Plaintiff received KRW 172,690,415 from the Intervenor’s Intervenor’s Intervenor’s freight claim against the Defendant (Sales accrued between October 8, 2013 and December 19, 2013).

(hereinafter referred to as “transfer of claim of this case”). (b)

On February 6, 2014, the Plaintiff notified the Defendant of the fact of the above paragraph (a) by content-certified mail, and reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that part of the Plaintiff’s claim was transferred to the Defendant of the Intervenor’s claim for the price of goods (hereinafter “instant claim for the price of goods”) incurred between October 8, 2013 and December 19, 2013 as set forth in the foregoing basic facts.

B. The Defendant’s assertion Intervenor’s actual claim against the Defendant is limited to KRW 905,266,810, and the amount paid by the Defendant to the Intervenor is KRW 1,652,272,407 as KRW 647,885,942, and KRW 1,652,653,275 in 2013 (=647,885,942 KRW 1,909,65,653,275 - 905,26,810). As such, the assignment of the claim in this case is transferred to the Intervenor, and the amount paid by the Defendant to the Intervenor was more paid as KRW 1,652,942,942.

3. Determination

A. The key issue of the instant case is the existence and amount of the instant claim for the price of goods and the instant case’s subject matter is the existence of and amount of the claim. As such, the Plaintiff and the Defendant are dissatisfied with the details of transactions between the Defendant and the Intervenor in 2012 and 2013, the instant case’s subject matter is to be determined solely on the details of transactions between October 8, 2012 and December 19, 2013 and the amount of the purchase price claim and its amount arising between October 8, 2013 and December 19, 2013, and it is not to be determined as to KRW 117,473,275 in the remainder of the year 201, as stated in the certificate of evidence No. 3 [2012].

B. Article 3 through 17, 22, 23, 26, 27, and 29 Evidence A No. 29 (Transaction Book) of the Goods Price Claim that occurred between 2012 and 2013 are governed by the Evidence No. 23 (Transaction Book, 2013).

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