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(영문) 대구지방법원서부지원 2015.09.02 2013가단35287
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. The Plaintiff is a corporation that runs the sales of steel products. The Defendant is a corporation that manufactures and sells automobile parts. Two projects are corporations that are engaged in manufacturing and selling automobile parts, and two projects are supplied with steel products to the Plaintiff, and the Defendant supplied the automobile parts to the Defendant. Around December 10, 2010, the Plaintiff defaulted on December 10.

B. On December 15, 2010, the Plaintiff entered into an agreement on the assignment of claims (hereinafter “transfer of claims”) that takes over KRW 100 million out of the goods price claim against the Defendant of two Enforcement Decree (hereinafter “instant transfer of claims”).

On December 15, 2010, two Enforcement Decree notified the Defendant of the assignment of the instant claim, and the following notice reached the Defendant.

C. On February 28, 2011, the Defendant paid KRW 35,050,734 to the Plaintiff as the repayment of the acquisition amount.

【Fact-finding without a dispute over the ground for recognition, evidence No. 1, 2, and evidence No. 4, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Plaintiff was obligated to pay KRW 10,94,268 among the claims for the amount of KRW 64,94,268 among the claims for the amount of the goods against the Defendant in two territories pursuant to the instant assignment contract. Accordingly, the Defendant asserts that the transaction between the Defendant and two territories was conducted by offsetting the amount of raw materials from the amount of the goods that the Defendant shall pay to two territories, and the amount of the goods that the Defendant shall pay to two territories until November 2010 remains in KRW 32,637,958, and the amount of the goods that the Defendant shall pay to two territories until December 1, 2010 remains in KRW 32,637,958, and the amount of goods that the Defendant shall pay to the two territories until December 10, 2010 to the amount of KRW 76,35,848,7567,7486,7567,7845,757,757,78485,7,767,757,7,757,284,7.

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