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(영문) 의정부지방법원고양지원 2015.01.23 2014가합52049
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C (mutual D) from November 201, 2010, the Defendant (mutual E) supplied products, such as phrases, panty, etc.

B. C decided to liquidate the transactional relationship on April 2013, and received 130,000,000 won, which is a part of the claim for attempted payment of goods from the Defendant, from the Defendant, as payment in lieu of the F apartment No. 169, 215, supra.

In the process, C was paid KRW 20,000,000 by Defendant and G.

C. On October 30, 2013, C transferred KRW 160,223,518 to H, and notified the Defendant by means of content-certified mail on November 14, 2013, and notified the Defendant of the following notice.

On November 2013, the defendant and H et al. settled that the remaining credit sales debt of the defendant was KRW 135,01,782.

(e) On March 28, 2014, H transfers the claim of KRW 155,01,782 (which was settled in consideration of the claim to return KRW 20,000,000 paid by C from the above KRW 135,01,782) to the Plaintiff (it refers to the claim for the purchase of goods, which was settled in addition to a separate disposal after the settlement by taking into account the claim to return KRW 20,000,000, which was later settled separately), among the claims that were transferred on March 28, 2014, by means of certified mail, and notified by content-certified mail on May 30, 201

6.2. The Defendant’s notice was sent.

[Ground of recognition] Unsatisfy, Eul's entry in subparagraph 1, the purport of whole pleadings

2. The assertion and judgment

A. On November 19, 2013, prior to the transfer of the above claim to the Plaintiff, the Defendant agreed that H and the Defendant shall repay the above claim to the Plaintiff as inventory goods supplied in D, and the Plaintiff who acquired the above claim after the said agreement can only receive the payment for the inventory goods and can not seek payment for the Defendant.

B. In addition to the whole purport of the pleadings in each entry of evidence Nos. 2, Eul evidence Nos. 3-1, 2, and Eul evidence Nos. 5 through 11, the whole purport of the pleadings is examined.

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