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(영문) 인천지방법원 2017.06.21 2016가단55720
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,298,600 and the interest rate of KRW 15% per annum from October 27, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3 as to the cause of the claim, it is recognized that A (B) traded to supply goods to the Defendant and owned KRW 93,95,919, which was to be paid by the Defendant around August 20, 2016, and that A transferred KRW 41,298,600, out of the above claim for the price of goods to the Plaintiff on August 20, 2016 (hereinafter “transfer of claim of this case”); and that the notice of the assignment of claim of this case reaches the Defendant on August 23, 2016.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 41,298,600 and damages for delay calculated at the rate of 15% per annum from October 27, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

2. Judgment on the defendant's defense

A. The Defendant’s assertion 1) At the time of the assignment of the instant claim, A transferred its claim to creditors, including the Plaintiff, in excess of the amount of the claim he/she owns (hereinafter “instant Claim 1”).

2) There was a defect in the product supplied by A

(hereinafter referred to as the “section 2”). (b)

Judgment

1) Comprehensively taking account of the overall purport of the pleadings as to Section A’s evidence Nos. 3 and 2-1 through 6 as to Section A, the fact that Section A transferred KRW 31,558,170 out of the claim for the price of goods to be paid by the Defendant to a forest electric company on April 9, 2016, ② A transferred KRW 57,578,670 out of the claim for the price of goods to be paid to Eco Co., Ltd. on May 17, 2016; ③ A transferred KRW 57,578,670 out of the claim for the price of goods to be paid by the Defendant to the Defendant to the Plaintiff Co., Ltd on August 20, 2016; ③ on August 22, 2016 and August 22, 2016, the fact that Plaintiff C, D, and Co., Ltd. transferred KRW 83,116,100 among the claim for the price of goods to be paid by the Defendant

However, according to the above evidence, A is already entitled to receive the price claim from the defendant after deducting the transfer claim of the above (1) and (2).

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