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(영문) 서울남부지방법원 2015.07.09 2014나11906
물품대금
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claim filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

1. Facts of recognition;

A. On August 13, 2009, the Plaintiff concluded a facility work contract and installment contract (hereinafter “instant existing contract”) with C Co., Ltd. (hereinafter “C”) (the actual contract was concluded on January 1, 2008, but the contract was drafted on the said date), installed the pumps (hereinafter “instant facilities”) in the “Egyna” in Incheon Seo-gu 401, which is operated by C, and received KRW 5,096,000 in total from October 20, 2009 to October 20, 2009.

B. Meanwhile, Article 3(6) of the existing contract of this case provides that “In the event that C does not pay the price to the Plaintiff on the agreed date without any justifiable reason, the ownership of all attached materials, including the goods installed in the workplace of C shall be subject to no objection even if C withdraws all attached materials, including the goods installed in the workplace of C without prior notification by the Plaintiff.”

C. On February 3, 2010, F, which acquired E-Sa’s operating right from C, concluded a contract on succession to credit account with the Plaintiff on February 3, 2010. The content of the contract is that “the Plaintiff completed the construction after concluding the contract on the construction of the pumps, but did not receive KRW 50,960,000, and F would pay the said price to the Plaintiff on behalf of C representative director G.”

After that, G retired from C representative director, and F was registered as the representative director on April 15, 2010. D.

On March 24, 2010, the Plaintiff entered into a contract for the installment sale (hereinafter “instant contract”) with the Defendant who acquired the business from F, “E-Sea” (hereinafter “instant contract”) and the content thereof are as follows.

o - Objectives; the Defendant delegates all the construction of products and products to the Plaintiff; the place where the matters related thereto are to be regulated; the details of installation of the cppP product agreed at the place of business owned by the Defendant; the payment of the existing cpppP o sale price; the total of 51 million won.

Won. Three million won of down payment shall be March 24, 2010.

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