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(영문) 창원지방법원 2014.08.12 2012나14122
양수금
Text

1. Revocation of a judgment of the first instance;

2. The defendant's primary plaintiff A 46,000,000 won and the defendant's primary plaintiff A on June 16, 2010.

Reasons

1. Facts of recognition;

A. A Magsan Co., Ltd. (hereinafter “Magsan Co., Ltd.”) supplied drugs to the Defendant operating a hospital from May 2, 2008 to October 10, 2008. At the time of April 25, 2009, KRW 66,15,714 (hereinafter “instant commodity payment claim”) was not settled.

B. After the D Hospital’s suspension of its operation due to its bankruptcy, the Plaintiff A, B, and E planned to take over the D Hospital. A, B, and E were delivered a promissory note from the Preliminary Plaintiff B, etc. on April 2010, and the Preferred Preliminary Plaintiff B transferred the instant product payment claim to the Preliminary Plaintiff B, notified the Defendant thereof, and reached that time.

C. On June 15, 2010, in order to adjust the claim and obligation related to D Hospital B, the conjunctive Plaintiff B subrogated for KRW 46 million out of the purchase price of the instant product to a hivers.

After that, on November 22, 201, Plaintiff B transferred the claim related to the price of the instant goods to the primary Plaintiff A for the settlement of accounts around November 22, 201, and notified the Defendant on December 5, 2011.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 3, 6 through 9 (including paper numbers), the witness F, G's testimony, the witness B's testimony at the court of first instance, the result of each fact-finding conducted by the court of first instance, the whole purport of the arguments.

2. The parties' assertion and judgment

A. The parties' claim 1, the conjunctive plaintiff B and the conjunctive plaintiff B are also transferred the claim for reimbursement of expenses incurred by the acceptance or management of the plaintiff B when they transfer the claim for the goods of this case to the primary plaintiff Eul. The defendant is obligated to pay the above 46 million won and damages for delay to the primary plaintiff A to whom all the claim for the goods of this case or the claim for reimbursement was transferred. If the claim for the goods of this case is not recognized to have been transferred to the primary plaintiff A, the defendant is also obligated to pay the plaintiff Eul the above 46 million won and damages for delay.

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