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1. The Defendant’s KRW 6,488,430 as well as its annual 6% from June 25, 2014 to February 6, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Co., Ltd. is a company engaged in the manufacturing and distribution business of paint, etc., and the Defendant was a company engaged in the manufacturing and distribution business of eco-friendly paint, and the Defendant received delivery of sludge from 2010 to 2014 from Badern Co., Ltd.
B. On May 23, 2014, Urdcare Co., Ltd. transferred to the Plaintiff the claim amounting to KRW 10 million against the Defendant of Urdcare Co., Ltd., and notified the Defendant of the assignment of the claim by mail certified as of October 20, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 6, 7 and Eul evidence 14, 22, the purport of the whole pleadings
2. Determination as to the assertion on the cause of claim
A. The plaintiff's assertion that the defendant is liable to pay to the plaintiff 28,057,860 won and damages for delay.
(A) The Plaintiff filed a claim for the price of the goods at the instant complaint, but at the date of the second pleading, the Plaintiff made clear that the cause of the instant claim pertains to the claim acquired from Postal Care Co., Ltd. on the date of the second pleading.
1) The Defendant’s assertion 1) Since the actual manager of the Plaintiff and Postal Care Co., Ltd. are the same, the agreement on the transfer and takeover of claims between them is null and void. 2) The remainder of the goods to be paid by the Defendant to Postal Care Co., Ltd. is merely KRW 6,488,430, which is only KRW 6,430. The Defendant is entitled to the exclusive right to sell mixing royalty and received the down payment KRW 100,000,000,000,0000,0000,000,000,000,000,000,000,000,000,
C. First of all, as seen earlier, the Plaintiff’s claim for the remainder of the goods taken over from Postal Care Co., Ltd. was based on the grounds of KRW 10 million, and the Defendant’s obligation to pay the remainder of the goods to Postal Care Co., Ltd. is disputed as to the facts constituting KRW 6,488,430.