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(영문) 서울남부지방법원 2020.06.18 2019가단265868
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D Co., Ltd.”) concluded a product purchase contract with the Defendant and supplied goods to the Defendant.

B. Around August 31, 2019, Nonparty Company transferred KRW 57,485,400 to the Plaintiff a claim for the price of goods against the Defendant, and the Plaintiff notified the Defendant of the assignment of claims, and the above notification of the assignment of claims reached the Defendant on September 2, 2019.

C. In addition, on September 16, 2019, Nonparty Company transferred KRW 39,708,60 to the Plaintiff the claim for the price of goods against the Defendant, and notified the Plaintiff of the assignment of the claim on the same day, and the said notification of the assignment of claim reached the Defendant on September 17, 2019.

The sales claim in August 2019 against the defendant of the non-party company is KRW 57,248,90,00, and the sales claim in September is KRW 39,708,60.

E. The Defendant paid 57,248,900 won to the Plaintiff on August 2019 to the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 4, 10, and 12, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 39,708,600, which is the amount equivalent to the price of goods on September 2019, and damages for delay.

B. On September 16, 2019, the Defendant’s summary of the Defendant’s assertion 1), by mistake, remitted KRW 57,248,90 to the account of the non-party company in return for unjust enrichment of KRW 57,248,90 to the non-party company. However, the non-party company’s notice of assignment of assignment to the Plaintiff that the non-party company transferred KRW 39,708,60 to the Plaintiff the amount of the goods payment claim of September 17, 2019, reached the Defendant on September 17, 2019, which offsets the Defendant’s claim for return of unjust enrichment against the Plaintiff’s claim for return of unjust enrichment against the non-party company, the Defendant asserts that there is no money to be paid to the Plaintiff, as well as the entire pleadings.

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