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(영문) 인천지방법원 2020.08.13 2019가단257626
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 19, 2018, the Plaintiff entered into a contract with C to take over the existing businesses, such as inventory goods, accounts receivable against the existing business partners, accounts receivable against the existing business partners, and three motor vehicles, at KRW 194,268,000.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Defendant, which caused the Plaintiff’s claim, was liable to C for the unpaid amount of KRW 32,268,600 as well as for the borrowed amount of KRW 4,955,355 as patent attorney fees.

The plaintiff takes over the above bonds against the defendant of C while taking over the business from C. Thus, the defendant is obligated to pay the plaintiff the amount of the above unpaid goods and the amount borrowed, the total of KRW 37,223,955, and damages for delay.

B. The evidence presented by the Plaintiff alone leads to C’s claim for the payment of goods to the Defendant.

The defendant is insufficient to recognize that the defendant is liable for the debt of the patent attorney fee related to the patent attorney fee, and there is no other evidence to acknowledge it.

In addition, according to Article 450 (1) of the Civil Code, the transferor cannot set up a defense against the obligor or any third party unless the obligor notifies the obligor of the assignment of a nominative claim, or the obligor does not consent to the obligor. Therefore, there was no evidence to prove that C has notified the Defendant of the assignment of a claim in accordance

3. The plaintiff's claim for conclusion is dismissed on the ground that it appears to be a part of the plaintiff, and it is so decided as per Disposition.

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