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(영문) 인천지방법원 2016.01.08 2014나8189
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. 1) The Central Luxembourg Co., Ltd. (hereinafter “Central Luxembourg”).

A) From around 209 to 2010 to the end of 2010, a stability period equivalent to KRW 332,569,600 to the Defendant (hereinafter “instant stability period”).

(2) On January 28, 201, the Defendant supplied the Central Luxembourg with 327,198,850 won as the price of the instant stabilization period, and the Central Luxembourg issued a tax invoice on December 31, 2010, which was the sum of 5,370,750 won (=332,569,600 won-327,198,850 won) payable to the Defendant as the sum of the instant stabilization period payment. (ii) B received the instant stabilization period payment claim against the Defendant of the Central Luxembourg (hereinafter “the instant claim”), and applied for an order of seizure and assignment of the claim against the Defendant as the third obligor, and notified the Defendant of the assignment of the instant claim to the Defendant on January 28, 201, and then notified the Defendant of the assignment of the assignment of the claim to the Defendant on November 22, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1 to 3, Eul evidence 12, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay KRW 5,370,750 to the Plaintiff to whom the instant claim was transferred, unless there are other special circumstances.

2. Judgment on the defendant's defense

A. The defendant's assertion is a defense that the defendant offsets the amount on an equal amount with the plaintiff's claim against the damage claim equivalent to the cost of repairing defects due to defects in the stability period of this case supplied by the Middle Luxembourg.

B. In light of the following circumstances, the court below’s determination 1: (a) facts of recognition as above; (b) evidence Nos. 4-1 to 4; (c) evidence Nos. 1 to 2-9; (d) evidence Nos. 3 through 11; and (e) evidence Nos. 13, 14, 17, 18, and 19; and (b) the overall purport of the pleadings as a whole, the instant stability machine.

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