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(영문) 부산지방법원 2016.07.15 2016나2144
물품대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire arguments in Gap evidence Nos. 1, 3, 4 and Eul evidence Nos. 3.

On March 12, 2014, the Plaintiff entered into a contract for goods supply of at least 11,000,000 won for an emergency power plant to a C Hotel located in Gyeongnam-gun (hereinafter “instant hotel”) and received KRW 1,00,000 out of the said payment from E.

B. Around that time, the Plaintiff established one power generator (type: semi-aver type, model: J-75, and hereinafter “instant power generator”).

C. The above hotel was originally owned by E; on May 23, 2014, the ownership was transferred to Taesung Construction Co., Ltd. (hereinafter “ Taesung Construction”); on July 31, 2014, the ownership was transferred to the Defendant; and on September 22, 2015, the ownership was finally transferred to Taesung Co., Ltd.

On February 16, 2015, the Plaintiff received KRW 1,000,000 from D in the name of the said hotel.

2. Judgment on the main claim

A. The plaintiff asserts that Taesung Building took over the goods payment obligation against the plaintiff, and that the defendant again takes over the above goods payment obligation from Taesung Construction, the defendant is responsible for paying the remaining goods payment amount of KRW 9,000,000 to the plaintiff. However, there is no evidence to acknowledge that Taesung Construction and Taesung Construction have taken over the goods payment obligation against the plaintiff, the plaintiff's assertion cannot be accepted.

B. Considering that the instant development period is being used as the appurtenances to the instant hotel, it shall be deemed that the solar building purchased the said hotel from E and the Defendant purchased the said hotel again from the solar building, thereby naturally transferring the goods payment obligation to the Plaintiff to the Defendant via the solar construction. Therefore, the Defendant asserts that it is liable for the payment of the goods to the Plaintiff.

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