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(영문) 대구지방법원김천지원 2020.07.23 2019가단36956
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The purport of the Plaintiff’s assertion is to seek a judgment identical to that of the purport stated below.

The plaintiff is a company that runs the business of selling water supply and drainage pipe materials.

On January 2019, the Plaintiff agreed to supply pipes, materials, and valves to C Co., Ltd. (hereinafter “Nonindicted Company”) and supplied goods worth totaling KRW 283,242,440 from around that time to June 2019.

B. The non-party company did not pay the price for the above goods to the Plaintiff, and instead, the non-party company decided to transfer to the Plaintiff the claim for the construction cost that it held against the Defendant in relation to the HVAC portion (hereinafter “instant construction”).

C. On June 24, 2019, the Plaintiff, the parties related to the Defendant, and the Nonparty Company (the Plaintiff’s representative E, the Defendant’s representative F, and the Nonparty Company’s actual representative G, etc.) had a settlement meeting to determine the amount of the instant construction payment at the Defendant’s office.

The defendant paid approximately KRW 130 million in arrears and deducted personnel expenses, etc., the defendant paid the non-party company the construction price of KRW 87,065,460, which the defendant should pay to the non-party company. The amount of the construction price of this case was determined upon the consent of the plaintiff and the non-party company.

The Memna (Evidence A No. 1) submitted by the Plaintiff is accompanied by the contents of the meetings at that time.

In addition, the defendant did not withhold objections against the assignment of claims and the assignment of claims to the plaintiff of the non-party company on his job. D.

On June 25, 2019, the Plaintiff and the non-party company drafted a credit transfer and takeover contract (Evidence A 2) with the following day, in order to document the above agreement on the assignment of claims, and notified the Defendant thereof.

E. On June 26, 2019, the Plaintiff, the Defendant, and the Nonparty Company drafted a written agreement (No. 7). The content of the said written agreement is different.

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