beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The fact of recognition (1) A PPP Co., Ltd. (hereinafter “PPP Co., Ltd.”) has sold various drugs, etc. to the Defendant as a corporation established for the purpose of drug wholesale and retail business. As of June 30, 2015, the claims for the payment of goods that the non-party company did not receive from the Defendant are KRW 199,873,387.
(2) On June 30, 2015, the non-party company transferred the instant claim for the price of goods, such as pharmaceutical products, to the Defendant (hereinafter “instant claim for the price of goods”). (2) On July 1, 2015, the non-party company notified the Defendant of the assignment of claims through content-certified mail on July 1, 2015, and the notification of the assignment of claims reached the Defendant on July 2, 2015.
B. According to the above facts finding, the defendant is obligated to pay the price of the goods of this case to the plaintiff 199,873,387 and delay damages, unless there are other special circumstances.
2. Judgment on the defendant's assertion
A. Since the notification of the assignment of the claim in this case was transferred to a third party before the defendant's argument reaches the defendant, the non-party company has no effect on the assignment of the claim in this case.
B. (1) The following facts can be acknowledged in full view of the overall purport of the arguments in the statements in Gap evidence Nos. 7, 12-1, 2, Eul evidence Nos. 1-4-3, Eul evidence Nos. 8-1 through 10, and Eul evidence Nos. 8-1 through 10, and the testimony of Gap evidence No. 11 and Eul is insufficient to reverse the above recognition, and there is no counter-proof.
① On July 18, 2014, Nonparty Company transferred 185,468,134 won of the instant product price claim (including claims arising from the future) to New Capital Co., Ltd., and notified the transfer of the claim on July 28, 2014, and on July 29, 2014, notification of the transfer of claim was issued to the Defendant.
② On September 11, 2014, Nonparty Co., Ltd. (hereinafter referred to as “new drug”).