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(영문) 서울중앙지방법원 2015.10.13 2015나3524

물품대금일부

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Comprehensively taking account of the purport of the argument in Gap evidence Nos. 1 through 5, the plaintiff entered into a contract for the establishment of collateral security with Sammi Business Co., Ltd. (hereinafter referred to as "Smi business") on July 1, 2013 and notified the defendant of the establishment of collateral security on March 5, 2014 (hereinafter referred to as "the credit security claim of this case") as to the claim for payment of goods against the defendant of Sammi Business (hereinafter referred to as "the credit of this case") between Sammi Business and Sammi Business on November 27, 2013, and notified the defendant of the establishment of collateral security on November 27, 2013 pursuant to the Act on Security of Movable Property Claims, Etc. (hereinafter referred to as "Smi Business"), and as to the credit security claim of this case, the plaintiff lost its profits on March 15, 2014 as the basis of the credit security claim of this case. < Amended by Presidential Decree No. 25420, Nov. 27, 2014>

According to Article 35(1) and (3) of the above Act, the acquisition, loss, or transfer of security interest in an obligation under an agreement may be asserted against any third party other than the obligor of nominative claim (hereinafter “third party obligor”) at the time of registration in the collateral security register. In cases where the registration of the collateral security register and the notification or consent is given pursuant to Article 349 or 450(2) of the Civil Act with respect to the same obligation, unless otherwise provided for in Acts, the obligor of a security interest or the assignee of a claim that is the object of the collateral may claim his/her right in accordance with the registration and the arrival or acceptance of the notification thereof to a third party other than the obligor. The date of registration of the Plaintiff, who is the security interest in the instant claim, is November 27,