(영문) 수원지방법원 2018.07.10 2018가합70

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(영문) 수원지방법원 2018.07.10 2018가합70

양수금

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1. The Defendant shall pay to the Plaintiff KRW 235,211,508 and the interest rate of KRW 15% per annum from December 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Defendant’s continuous goods transaction 1) On June 1, 2016, the Defendant registered as a business operator under the name of “C” and registered as the business operator, and is deemed to be a Hong Kong corporation, the Hong Kong Company (Cham Bit HypK), and the company (hereinafter “foreign company”).

(2) The non-party company supplied the goods of USD 302,679, in total, from March 24, 2017 to July 28, 2017, as of the issue date of the commercial invoice.

B. On November 21, 2017, the non-party company acquiring the Plaintiff’s claim for the purchase price of goods: (a) calculated at USD 284,183.77 (the partial payment of the price for the goods supplied on March 24, 2017 remains, and the price thereafter remains at USD 8,097.77; and (b) transferred the Plaintiff’s claim for the purchase price of goods equivalent to USD 284,183.77 against the Defendant (hereinafter “the acquisition price of the instant claim”); (c) notified the Defendant of the transfer of the claim, and (d) issued the above notification to the Defendant around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay USD 283,517 to the plaintiff as requested by the plaintiff.

Therefore, the defendant asserts that the outstanding amount at the time of the acquisition of the claim of this case is US$ 200,763,000 at the time of the acquisition of the claim of this case by paying more than the amount claimed by the plaintiff to the non-party company. Thus, the plaintiff does not dispute the fact that the remaining amount after deducting the money that the defendant remitted to the non-party company from the amount of the claim for the goods to the non-party company until the acquisition of the claim of this case is US$ 210,763, and it is reasonable to view that the continuous transfer of the money to the seller in the transaction relation of the goods is a repayment of

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