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(영문) 부산지방법원 2017.05.25 2016가단3375
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts following the facts of the basis may be found either in dispute between the parties or in combination with Gap evidence Nos. 1-3 (including the branch number), Eul evidence No. 5, and witness D's testimony. A.

The Plaintiff is a person who runs the business of selling tools, etc. with the trade name of “E”, and the Defendants are married couple, who engages in the business of water processing, etc. with the trade name of “F” and “G”.

B. The Plaintiff traded with the Defendants in the name of “E” in the name of one’s own personal business chain to supply tools, such as sprinking, etc., and, on February 2007, established E Co., Ltd. (hereinafter “E”) separately from “E,” and the instant company traded the supply of tools between the Defendants and the Defendants.

C. On May 29, 2013, the instant company entered into a contract with the Plaintiff to transfer the Defendants’ claim amounting to KRW 34,56,990 (hereinafter “instant contract for the assignment of claims”) and sent a notice to the Defendants on March 25, 2016 by content-certified mail, which appears to have reached the Defendants around that time.

The above-mentioned amounts of KRW 20,300,080 are the attempted balance as of March 2013 generated from the transactions between E and F, and the balance of G is KRW 14,266,910. On May 29, 2013 = F Company C (Signature) E Company A (Signature is written).

D. The Plaintiff holds a written confirmation of the following (hereinafter referred to as “instant confirmation”).

2. The assertion and judgment

A. The summary of the parties’ assertion (1) on May 29, 2013, the Plaintiff received from the instant company the claim for the amount of goods sold from the Defendants. On the same day, the Plaintiff was prepared and delivered the instant confirmation document from Defendant C to verify the details of the claim.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 34,56,90 and damages for delay.

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