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(영문) 서울고등법원 2018.04.25 2017나2060049
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Defendant B, with the trade name of “E” on the business registration certificate, was a person who operated a clothing wholesale and retail business, and Defendant C, as the husband of Defendant B, was a person who actually operated the said company with Defendant B by using the position of “E president” as the husband of Defendant B.

B. On August 14, 2014, the representative I of F Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract for goods supply with Defendant C, with the content that the non-party company would supply the Defendants with 8,000 PCS, with the content that the non-party company would deliver 240 million won (excluding value-added tax) to the Defendants (14FW, name G, unit price of 30 million won; hereinafter “instant clothing”).

(hereinafter “instant delivery contract”). C.

The non-party company manufactured the instant clothing 7,972 PCS in accordance with the instant supply contract, and stored the 3,502 PCS among them on October 17, 2014, and the remaining 4,470 PCS on November 3, 2014 at a place designated by Defendant C, respectively.

On December 2, 2014, Defendant C and Nonparty C drafted a settlement certificate confirming that the instant clothing price is KRW 263,076,000, including value-added tax.

After December 19, 2014, Defendant C paid to Nonparty C the amounting to KRW 6,554,00 on December 19, 2014, KRW 6,557,040 on March 21, 2015, KRW 34,486,276 on March 31, 2015, KRW 50,597,316 (= KRW 6,557,000 on KRW 6,57,040, KRW 34,486,276). On June 25, 2015, Defendant C prepared a settlement certificate confirming that Nonparty C remains as remaining clothing payments.

E. On December 14, 2015, Nonparty Company transferred to the Plaintiff the remaining claim 212,478,684 won against Defendant B (hereinafter “instant clothing claim”). On the same day, Nonparty Company sent a notice of assignment of claim by content-certified mail to Defendant B, and the said notice reached Defendant B on December 15, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 to 4, 7, 12 (including a satisfy number; hereinafter the same shall apply), Eul evidence 1, Eul witness I's testimony and oral argument.

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