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(영문) 서울남부지방법원 2016.06.03 2015가합4185

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Until December 29, 2015, the Infant Industry Co., Ltd. (hereinafter “child industry”) entered into a contract with the Defendant to provide the Defendant with the steel structure or other goods or services (hereinafter “instant supply contract”) by December 29, 2015.

On June 18, 2013, 1 PURCHASS ORE ORE, or on June 18, 2013, 2013, O MURRP Poant Ploit No. 1-2, PEJEC PORP-10279-43-701-01-A01 2, PURCHCHAS 2, 2013, October 10, 2013, SM 200-299W Coal-W Coal-Fed Pow Pow Plod on October 10, 2015-43-701-A01-201-A01-2, 30070-10-2, 2014.

B. On July 11, 2014, the infant industry: (a) entrusted and transferred to the Plaintiff claims, etc. that have already occurred or may claim the payment of settlement amount that may arise in the future under the instant supply contract with the Plaintiff (hereinafter “settlement claim”); (b) the Plaintiff entered into a monetary claim trust contract with the content of collection, management, and disposal thereof (hereinafter “instant trust contract”).

C. Upon entering into the instant trust contract, the Plaintiff, a trustee, issued Class 1 beneficial rights to the primary parent company, which is the first-class beneficiary. On July 17, 2014, the first-class limited liability company for young children, the first-class limited liability company for young children, took loans of KRW 5 billion from Sejong Mutual Savings Bank, the pro-friendly Savings Bank, the Co., Ltd., and the O200,000,000 won from the O20,000,000 won as security for the first-class beneficial rights, and entered into a special agreement to repay the said loan principal and interest with profits from the management, collection

On July 11, 2014, the infant industry notified the Defendant that the settlement price claim was entrusted to the Plaintiff, and the Defendant issued a certificate with a fixed date on July 18, 2014 without any objection to the said assignment of claim.