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(영문) 수원지방법원 2021.03.11 2020가단9097
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In full view of the purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff stated that the plaintiff's claim for the return of goods amounting to KRW 71,651,200 against the defendant of the non-party company from the non-party corporation C (hereinafter "the non-party company") was "the claim for the payment of goods amounting to KRW 71,651,200 against the defendant of the non-party company" in the complaint of this case, but after the preparation and pleading of October 14, 2020, the non-party company claimed that "the non-party company would pay KRW 36,907,60, or KRW 34,883,200 against the defendant, or KRW 34,80,000 against the defendant's business establishment lease deposit amounting to KRW 2,00,000 for the non-party company's profits."

(2) The Plaintiff’s claim was transferred to the Plaintiff on October 4, 2019, and Nonparty Company notified the Defendant of the fact of transfer of the above claim by means of a certified mail, and reached the Defendant on October 7, 2019. However, it is insufficient to recognize the existence of the claim for transfer of this case solely with the evidence submitted by the Plaintiff, and there is no other evidence to recognize the existence of the claim for transfer of this case (including reference materials submitted after the closing of pleadings). Then, the Plaintiff’s claim for transfer of this case is dismissed as it is without merit. It is so decided as per Disposition.

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