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(영문) 인천지방법원 2017.08.10 2016가합56539

양수금

Text

1. The defendant shall be the plaintiff.

(a) KRW 37,568,784 as well as 5% per annum from September 10, 2016 to August 10, 2017; and

Reasons

1. Facts of recognition;

A. The Defendant and B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant, as a corporation established for the purpose of manufacturing and wholesale and retailing containers, already entered into a contract with B on three occasions as follows with respect to C supply.

The contents of each contract are as shown in attached Form 1-3.

(C) The product development agreement (hereinafter “instant product development agreement”) signed on December 22, 2014 (hereinafter “instant product development agreement”) between C and C on April 20, 2015 (hereinafter “this case’s gold production agreement”) (hereinafter “instant gold production agreement”) between C and C and C on October 25, 2015 (hereinafter “the instant gold production agreement”). < Amended by Presidential Decree No. 25790, Oct. 25, 2015; Presidential Decree No. 25780, Apr. 20, 2015; Presidential Decree No. 2779, Oct. 25, 2015; Presidential Decree No. 27779, Oct. 25, 2015>

B. From January 2, 2015 to January 8, 2016, the Defendant paid KRW 16,70,000, out of KRW 23,760,000 according to the instant product development contract, and paid KRW 107,250,00, out of KRW 214,50,000 according to the instant gold production contract, and paid KRW 54,690,650 under the instant product supply contract.

C. B, on March 11, 2016, the assignment of claims and the assignment of claims under the above contract, concluded a contract with the Plaintiff on the transfer of claims and the transfer of claims (hereinafter “instant transfer of claims”) with respect to part of the non-scheduled claims under the said contract, and notified the Defendant of the fact of the assignment of claims by content-certified mail on March 14, 2016, and the said notification reached the Defendant around that time.

The main contents of the assignment contract of this case are as follows.

It is agreed to transfer the following claims that the transferor of Han field technology, Han field Co., Ltd., B, Ltd., had to the transferee.

A supplier: A supplier who is supplied D/B representative director: The date of supply of the F/A representative director E: November 30, 2015, the C-type gold 107,250,000 won (including additional tax).

(b) supplier: