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(영문) 서울서부지방법원 2018.04.13 2017나38215
양수금
Text

The judgment of the first instance shall be revoked.

2. The plaintiff's claim is dismissed.

3. Of the total costs of litigation, the Plaintiff and the Defendant.

Reasons

1. The Plaintiff’s determination as to the cause of the claim between October 25, 2006 and November 29, 2006, and between November 25, 2006, the Plaintiff’s Intervenor and the Defendant posted the Defendant’s advertisement in the telephone number book published by the Plaintiff’s Intervenor, and the Defendant entered into an advertising contract with the Defendant to pay KRW 10,962,60 (including value-added tax) with the advertising price. Since the Plaintiff’s Intervenor posted the advertisement in accordance with the above advertising contract, the Defendant did not pay the remainder of KRW 10,565,560 among the above advertising price, and the Plaintiff received the advertising price claim against the Defendant of the Plaintiff’s Intervenor from the Plaintiff’s Intervenor and notified the Defendant of the transfer of the above assignment of claim on August 25, 2016, the Defendant did not have any other obligation to submit the advertising price and the damages for delay as evidence to the Plaintiff. However, the Plaintiff’s subscription cannot be acknowledged otherwise.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the plaintiff's claim is revoked, and it is dismissed as per Disposition.

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