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Reasons
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(영문) 인천지방법원 2016.11.15 2016가합52360
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Hyundai International Broadcasting Co., Ltd. and Hyundai International Broadcasting Co., Ltd. between the Defendant (hereinafter “Moman International”) are manufacturers of rives of routers, etc., and supply the Defendant with a contact offer equivalent to KRW 1,665,620,00 from September 30, 2014 to March 31, 2015, and receive KRW 1,418,725,000 from the Defendant and receive KRW 246,895,000 against the Defendant as of March 31, 2015 (i.e., KRW 1,665,620,00-1,418,725,000).

B. On March 8, 2016, Hyundai International’s notification of the assignment of claims and Defendant’s mutual aid claim 1) Hyundai International notified the Plaintiff of “201,375,065 won out of the instant goods payment claim the Defendant had against the Defendant,” and this reached the Defendant on March 10, 2016. (2) On March 15, 2016, the Defendant agreed on the Plaintiff’s notification of the said assignment of claims to the effect that “the amount of the goods that the Defendant had paid to the Hyundai International is KRW 246,895,000, but the goods amounted to KRW 246,895,00 was actually the Plaintiff’s notification of the said assignment of claims.” If the said amount of damages was deducted from the amount of unpaid goods, the Plaintiff’s obligation to reply to the Plaintiff’s claim for the transfer of claims is extinguished.”

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

2. The judgment on the cause of the claim Gap's third assignment certificate, the defendant's testimony and the whole purport of the pleading by the witness Gap concerning the establishment of the petition. However, according to the witness Gap's testimony and the whole purport of the pleading, the seal stamped on the "claim transferor"'s "claim transferor's name" is recognized as A's seal of the modern personal person's personal person's identity and the draft Eul's modern personal person's identity.

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