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(영문) 인천지방법원 2019.10.15 2019나54064
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Summary of the parties' assertion

A. The Defendant asserted that the Plaintiff was supplied with goods, such as furnitures equivalent to KRW 92,176,110,000, in the form of “C” as “C.”

The plaintiff received from D the above claim amounting to KRW 92,176,10 against the defendant, and D notified the defendant of the assignment of claim regarding the above claim amount, and the assignment of claim amount reaches the defendant around that time.

Therefore, the defendant is obligated to pay to the plaintiff the above amount of KRW 92,176,110 and delay damages.

B. Although the defendant alleged that he was supplied with goods, such as furnitures equivalent to KRW 64,176,110 from D, the defendant did not have any fact that he was supplied with goods exceeding that amounting to KRW 28,00,000.

In addition, the assignment of claims equivalent to the above amount is made for the purpose of litigation and null and void.

Therefore, the defendant is not obligated to pay to the plaintiff the above amount of KRW 28,000,000 and damages for delay.

2. Determination:

A. From April 10, 2018 to July 24, 2018, the Defendant was supplied with goods, such as furnitures, equivalent to KRW 64,176,110, in the name of “C” from around April 10, 2018 to around July 24, 2018. The Plaintiff was assigned the above goods price claim amounting to KRW 64,176,110 from D on October 26, 2018, and D notified the Defendant of the transfer of the above goods price claim amounting to KRW 64,176,110 on October 30, 2018. The fact that the assignment of claims was notified to the Defendant at that time does not conflict between the parties, or that it was recognized by taking into account the descriptions in subparagraph 1 and the whole purport of pleadings.

Therefore, the Defendant is obligated to pay the Plaintiff the above acquisition amount of KRW 64,176,110 and the delay damages therefor, except in extenuating circumstances.

B. Furthermore, according to the statement in Eul evidence No. 1 as to whether the Plaintiff additionally held the claim against the Defendant for the amount of KRW 28,00,000,000, the Defendant is equivalent to KRW 64,176,110 from D from April 10, 2018 to July 24, 2018.

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