(영문) 인천지방법원 2017.02.14 2016가합51121

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.02.14 2016가합51121

양수금

Text

1. The defendant shall have the 15,612,497 won, 34,827,879 won, 15,612,497 won, and 34,827,879 won, and the Appointor.

Reasons

1. Basic facts

A. On June 24, 2014, the Defendant joined a cooperative C (hereinafter “instant cooperative”) as a member, and entered into a franchise agreement on July 1, 2014 and entered into a transaction with the instant cooperative by the end of May 2015, including the supply of goods, such as uniforms, and the payment thereof.

B. On February 2, 2016, the Plaintiff and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) concluded a contract with the instant cooperative for the transfer and takeover of claims, and concluded a contract for the transfer and takeover of claims with the Plaintiff and the designated parties, and received 58,951,010 won (hereinafter referred to as the “transfer of claims”) out of total amount of KRW 203,279,354 from the Defendant of the instant cooperative, 67,082,183 (33%) from the designated parties, and received the notification of the transfer of claims from the Defendant of the instant cooperative, respectively (hereinafter referred to as the “transfer of claims”).

C. On February 4, 2016, the Plaintiffs sent notice of the instant assignment of claims to the Defendant, a debtor, on behalf of the instant cooperative, a transferor of claims, by content-certified mail, and the said notice was served to the Defendant on February 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 2 through 4, Eul evidence 1, 4-1 and 2, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The defendant is against the plaintiffs 1.B.

There is an obligation to pay each claim acquisition amount and damages for delay as described in the paragraph.

B. The Defendant’s claim for the purchase price of goods that the Plaintiffs received was entirely extinguished, against the payment that the Defendant paid to the instant cooperative, the Defendant’s contribution to be returned from the instant cooperative, and the Defendant’s claim for compensation for damages against the Defendant of the instant cooperative.

3. Determination

A. According to the above basic facts, the defendant is the assignee unless there are special circumstances.

유사 판례

-수원지방법원 2016.12.20 2016가합1147

-의정부지방법원 고양지원 2018.08.10 2017가합1479

-울산지방법원 2018.06.27 2017가단13143

-서울중앙지방법원 2018.11.22 2017가단5115470

-광주지방법원 2020.04.16 2019구합13022