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(영문) 수원지방법원 2020.01.22 2019가단519895
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C is the representative director of D, a printing and advertising design company, and the defendant is the representative of E and F, a corporation for the purpose of performing production and planning.

(hereinafter referred to as "stock company" is omitted when named each of the above companies. (b)

D delivered 32,373,00 won as result of printing, advertising design, and performance required for performance to E and F, but did not receive the price.

C. Accordingly, on February 8, 2010, D applied for a payment order against E and F seeking payment of service charges of KRW 32,373,000 and its delay damages, etc. as Seoul Central District Court Decision 201Da13465 on February 8, 2010. The above court issued a payment order on March 5, 2010, and the payment order was finalized on April 16, 2010.

On the other hand, on October 14, 2009, the Defendant prepared and delivered the instant payment note (Evidence A 1) with the following content to C.

C Obligor: Defendant I would pay up to December 31, 2009 in respect of the unpaid amount of KRW 32,373,000 with D.

On October 14, 2009, the Defendant’s signature, unmanned creditor C’s signature, or unmanned seal

E. After that, on July 10, 2018, C transferred to the Plaintiff the claim against the Defendant under the instant payment note, and the fact of transfer reached the Defendant on November 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay C KRW 32,373,00 in accordance with the instant payment note, and the Plaintiff received the above claim from C, and thus, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 32,373,00 and the delay damages.

B. On the other hand, as seen earlier, the Defendant’s refusal to pay KRW 32,373,00 to F and E-D operated by the Defendant, with the undertaking of the Defendant’s individual to pay the unpaid amount of KRW 32,373,00.

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