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(영문) 수원지방법원 2018.07.12 2017나74054
양수금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The status D as a party was engaged in the goods processing business, etc. in the trade name C.

The plaintiff had a claim against D for the price of goods.

The defendant runs the goods processing business, etc. with the trade name of F.

B. D’s supply of goods, etc. 1) The Defendant around March 2016, 2016 (hereinafter “catera”) is the cateratech Co., Ltd. (hereinafter “catera”).

(2) D) 1m (1m (10) in diameter falling under the core primary processing part of C-Cuts) was supplied to the Defendant on April 563, 2016, 889, 470,504 in depth 470,504 on May 47, 2016, and 130 won per opening.

The defendant, who received from D, conducted the secondary and secondary processing of the above in-depth, and supplied them to cream.

3) Between D and D on May 7, 2016 and June 2016, the Defendant agreed to deduct D from D with respect to the cost of processing trays supplied respectively on April 2016 and May 2016, D, after deducting defective goods shipped out, calculated the law rate of the additional process at 5-10%, and calculated the law rate at 47,532,288, and 48,063,90 won, respectively. D concluded a contract on July 12, 2016 with the Plaintiff on the supply of value-added tax to the Defendant on April 4, 2016 and May 2016 x KRW 48,063,90 on April 20, 2016 x KRW 108,5385,581,585,500 on May 20, 2016

2) On July 12, 2016, D notified the Defendant of the assignment of the above assignment of claims, and the notification reached the Defendant on July 13, 2016. [The fact that there is no dispute over the grounds for recognition, the entries in Gap’s 1 through 5, Gap’s 7, and 8, and the purport of the entire pleadings.]

2. Summary of the parties' arguments

A. The defendant shall pay 105,155,800 won to the plaintiff, the transferee of the claim, as well as damages for delay.

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