(영문) 서울중앙지방법원 2016.12.15 2016가합525188

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.12.15 2016가합525188

물품대금

Text

1. The Defendant’s KRW 363,048,048 as well as the Plaintiff’s KRW 20% per annum from December 5, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On December 30, 2013, between the Plaintiff and the Defendant, a written order was prepared between the Plaintiff and the Defendant to supply the Defendant with OS (WinSvr 2012R symp NL) and 173 sets (SCVM2012 Std) each of 173 sets (hereinafter “instant goods”) with respect to “the second business that is separated from the network of the judiciary” of the Supreme Court, and to receive 363,048,048,048 won (including value-added tax) with respect to goods.

(2) According to the contract, C (SCCB; hereinafter “S”) shall transfer to B (the Defendant; hereinafter “B”) the claims (330,043,680 won) owned by A (the Plaintiff and the hereinafter “A”) under this contract, and B shall conclude a contract with B (the Defendant; hereinafter “B”) to transfer the claims for the following indication to B directly.

Description of Transfer Bonds: 330,043,680 won (Additional Tax Table)

1. Eul shall transfer to Gap claims received from Byung.

2. Accordingly, the amount to be paid by Byung to Byung shall be paid directly by Byung to Byung, and the amount to be paid by Byung to Byung shall be paid only by the amount equivalent to the difference between the purchase and the sales amount under the contract (2,00,000).

3.It is confirmed that this Agreement has been effected with the consent of Gap, Eul, and Byung.

B. On December 26, 2013, between the Plaintiff, the Defendant, and UBCB Co., Ltd. (hereinafter “BCB”), the “sales transfer and takeover contract” (hereinafter “instant sales claim transfer contract”) was drafted as follows.

C. After completing the delivery of the instant goods, the Plaintiff issued a tax invoice on December 31, 2013, stating that the Defendant demanded the amount of KRW 363,048,048 for the purchase of the instant goods.

[Recognition] Facts without dispute, Gap evidence Nos. 2, 3, and 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff entered into the instant goods supply contract with the Defendant on December 30, 2013.

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