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(영문) 서울중앙지방법원 2019.05.22 2018가단5218833
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 29, 2016, the Defendant concluded a contract with D (hereinafter “Nonindicted Company”) to manage and maintain part of the independent network information security system equipment used by Nonparty Company E and to pay the service payment to Nonparty Company (hereinafter “instant contract”).

B. On August 28, 2018, the Plaintiff acquired the service payment claim under the instant contract (hereinafter “instant service payment”) from F from the bankruptcy trustee F of the Nonparty Company, and notified the Defendant thereof.

[Ground of recognition] Facts without dispute, Eul's entry of evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff received KRW 11,400,000 from the Defendant of the non-party company. Therefore, the Defendant asserted that the Defendant is obligated to pay the instant service payment to the Plaintiff, and that the Defendant did not properly perform the duty of maintenance and repair, etc. under the contract of this case, and the Defendant did not claim that the service payment to the non-party company did not exist.

B. As to whether the non-party company, the key issue of the instant case, performed the duty of maintenance, repair, etc. of the instant contract corresponding to the instant service payment, the written evidence Nos. 2, 3, and 4 alone is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion cannot be accepted.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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