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(영문) 창원지방법원 2016.04.01 2015가단19141
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 3, 2015, the Plaintiff, as an employee of Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), entered into a claim transfer and takeover contract with B, as the representative of workers, that transfers the claim amount of KRW 72,126,450 (excluding value-added tax) of the goods he/she owns against the Defendant to the Plaintiff (hereinafter “instant claim transfer contract”), and notified the Defendant of the fact of the assignment of the claim through content-certified mail on the same day.

The above notice of assignment of claims reaches the defendant around that time.

On April 2015, the defendant was liable for the amount of KRW 75,680,00 (including value added tax) to the non-party company.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the amount the plaintiff acquired to the non-party company within the scope of the obligation to pay the price for goods to the non-party company,

B. On April 22, 2015, the Defendant asserted that the claim for reimbursement against the non-party company and the obligation to pay the non-party company to the non-party company is offset, since the non-party company paid 75,680,000 won, which is a part of the price of the goods that the non-party company should pay to the Gsung (hereinafter “Ssung”) on behalf of the non-party company.

Comprehensively taking account of the descriptions of the evidence Nos. 1, 4, and 8 (including the paper numbers) and the overall purport of the pleadings in the testimony of the witness C, the Defendant supplied the materials to the non-party company by ordering the goods to the non-party company. The above materials were kept by the light test. However, around April 2015, the non-party company rejected the return of the above materials when the non-party company requested commencement of rehabilitation procedures. The Defendant paid KRW 75,80,000,000, out of the price of the goods to be paid to the light test by the non-party company to return the above materials.

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