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(영문) 제주지방법원 2015.12.02 2015나5217
물품대금
Text

1. All the plaintiff's claim for the purchase of goods and the claim for the payment of rent that has been partially changed in the current trial.

Reasons

The plaintiff filed a lawsuit against the original defendant for the payment of the price of the goods, and during the first instance trial, the plaintiff filed a claim for the payment of the price of the goods with the money that the plaintiff acquired from the Urdish Co., Ltd. (hereinafter “ Urdish”), and the refund of the unpaid rent from June 2013 to May 2014.

However, on December 5, 2014, A, an agent of the Plaintiff, stated that the instant claim was filed against the claim acquired from Postal Service on the date of the second pleading of the first instance court on December 5, 2014, and the court of the first instance determined only the claim against the amount claimed by Postal Service based on the above statement.

However, only part of the part against the plaintiff filed an appeal, and the part is claimed for the price of goods and for the payment of rent. The legal representative of the court of first instance alleged that the whole amount of the claim in the court of first instance was a claim for the amount of money transferred to the court of first instance, and the plaintiff's legal representative newly appointed in the court of first instance also arose from the negligence or the legal site, and thus, the appellate court requested the judgment on the claim for the price of goods and the claim for the payment of rent.

The court of the trial accepted this and judged that the source of the claim for the additional payment by the plaintiff is changed in exchange for the claim for the price of goods and the claim for the refund of rent.

However, in the first instance court, the Plaintiff accepted only a part of the claim for the amount of KRW 10 million under the assignment contract, but did not appeal the claim, and the Defendant did not appeal. Therefore, this part is excluded from the subject of judgment.

Judgment

Plaintiff’s assertion

The defendant's total sum of the goods and rent 19,751,860 won to the plaintiff, calculated by subtracting KRW 1,694,00 from the factory rent for the fifth month that the defendant paid on behalf of the plaintiff, as follows, 18,057.

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