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(영문) 광주지방법원 2015.07.15 2014가단526101
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Defendant operated D from Jeonnam-gun C to September 2013, 2012, from October 15, 2012 to September 2013.

The fact that all of the above business was transferred to the Plaintiff is without dispute between the parties.

The Plaintiff asserted that the Defendant was liable to compensate the Plaintiff for the remainder of KRW 32,386,130 from October 3, 2013 to October 20, 2014, since the Defendant was supplied with the goods equivalent to KRW 131,485,130 from E at the time of operating the above hospital, and the Plaintiff paid KRW 9,09,00,000 among them, and paid KRW 32,386,130,00 to E., the remainder of the price of the said goods upon the Plaintiff’s claim for the payment of the said goods, and the delayed payment of KRW 2,03,671 from October 3, 2013 to October 20, 2014.

Therefore, as alleged by the Plaintiff, as to whether the Defendant was supplied with the goods equivalent to KRW 131,485,130 from E, the Defendant made a confession against the goods of KRW 9,00 among them. However, according to the description of KRW 9,350,00,00,00, which occurred on October 15, 2012, the goods of KRW 2,3350,00,00 were supplied by the F company and supplied by E cannot be deemed as a claim against the Defendant, and the remainder is not deemed as a claim against the Defendant, and the testimony of KRW 2,30,00,000,000,000, which occurred on October 15, 2012.

Therefore, barring special circumstances, the defendant is obligated to claim for the above KRW 99,000 and damages for delay against the plaintiff.

Since the defendant defenses that he paid the above claim amounting to KRW 9,00 on the goods price claim amounting to KRW 9,00,000 before the above transfer of business, according to the evidence Nos. 2 and evidence Nos. 1, it can be acknowledged that the defendant paid KRW 99,00 to E on September 26, 2013, the above transfer of business. Thus, the defendant's defense is reasonable.

If so, the plaintiff.

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