양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Article 2(1) of the Assignment Contract of Basic Facts: D transfers to the non-party company a claim for the amount of goods entered in the separate list of claims held by D against the third party obligor.
Article 4 (1) The provisions of Article 5 of the basic contract for transfer shall apply mutatis mutandis to the provision of security concerning the assignment of claims.
3. Where the non-party company fails to pay the assignment of claims even after the maturity period expires, D may rescind this assignment of claims and exercise the security right under paragraph (1) at the same time.
(4) The non-party company shall prepare and submit to D a statement on changes in the amount of claims, such as the amount of repayment received, increased amount of claims, etc. on the last day of each month on the basis of the separate list of claims after entering into this assignment contract, and the amount of new customers (new third parties debtors) arising from the business of the non-party company, such as the amount of claims received, and the
§ 5(1) Where the assignment of claims is cancelled or terminated, or the assignment of claims is cancelled or terminated upon the cancellation or cancellation of any individual contract, the non-party company shall promptly return to D all the remaining transferred claims as at the time of cancellation.
2. Where the assignment of claims is cancelled or terminated pursuant to the preceding paragraph, the non-party company shall confirm that the assignment of claims is null and void, and the non-party company shall delegate all of its authority to notify the invalidity or cancellation of the assignment of claims toD.
In addition, the non-party company is not entitled to receive any repayment from the third obligor even before notification as to the invalidity or cancellation of the assignment of claims to the third obligor of D, and in violation of this, if the third obligor receives repayment from the third obligor, the non-party company shall bear the civil and criminal liability.
3. The non-party company is released from the assignment of claims due to the reasons attributable to the non-party company.