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(영문) 의정부지방법원 2019.01.25 2017나210663
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the reasoning of the judgment of the court of first instance concerning the instant case is the same as the ground of the judgment of the court of first instance, except where the following part of the judgment of the court of first instance is modified; and (b) thus,

2. The part to be dried is 3-1.

Paragraph A(5), 11-5, 6, and 12-5, 12-2 of the evidence Nos. 11-5, 5, 6, and 1 through 44 of the evidence Nos. 11-5 (if any) is available, the following circumstances recognized by the testimony of the witness of the first instance court and the trial court; ① in the investigation process, the F stated that “G actually acquired the right of management of E from F to settle the obligations to E to E; ② in the investigation process, G stated that “E was taken over on the condition of the repayment of obligations to the business partner borne by the Defendant B; ③ A was consulted on the amount of claims with the business partner 46 of the E on behalf of the business partner; ④ in the first instance and the trial of the court of first instance, it is reasonable to view that the transfer of the obligations to the creditors of the Defendant E should have been made to the transferee; ⑤ In light of the fact that the transfer of the obligations to the Plaintiff E should have been made to the transferee.”

However, the following circumstances, which are considered to be comprehensively taken account of the overall purport of the arguments presented in the above evidence, namely, ① Defendant B paid KRW 150,000,000 to the transfer price when taking over E’s business from G who actually acquired management rights, and thereby G’s creditors and creditors.

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