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(영문) 수원지방법원안산지원 2016.09.23 2015가단104671

물품대금

Text

1. The Defendant UBS Co., Ltd. shall pay to the Plaintiff KRW 35,147,480 as well as its full payment from April 30, 2015.

Reasons

1. Determination as to the claim against the defendant Lee Jong-sung

(a) As shown in the reasons for the claim in the annexed sheet;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts.

2. Determination as to the claim against the defendant Monsan Monsan

A. Basic facts 1) The Plaintiff is a corporation that runs steel wholesale and retail business, etc., and the Defendant Young-gu is a corporation that manufactures automobile parts and wholesale and retail business, etc. The Defendant Young-gu is a corporation that runs the business of wholesale and retail business of metal products. The Defendant Seosan-gu was maintaining a continuous transaction relationship of supplying metal products to the Defendant Young-gu Industrial Complex since before 201.

3) On June 7, 2013, the Defendants: (a) assigned the claim for the supply of goods to the Defendant’s Hasan-dong to the Defendant Seosan-si to secure the payment of the goods to the Defendant Seosan-si’s Kusan-si (hereinafter “instant transfer/acquisition agreement”); and (b) concluded a claim transfer/acquisition agreement with respect to the transfer of the goods to the Defendant Seo

(B) The U.S. court concluded a contract, and the U.S. court issued the notice of the assignment of claims in which it is recorded as the transferor of claims to the Defendant N.S. court (However, the base date and the amount of claims to be transferred under the contract for the transfer of claims and the notice of the transfer

A) On the other hand, the date of the preparation of the above contract for the transfer of claim and the notice of the transfer of claim is indicated as “as of May 29, 2013,” while a notary public recorded as “as of June 7, 2013,” the fixed date by the vice comprehensive law firm shall be indicated as “as of June 7, 2013.” The date and place on the disposal document merely have the nature of the reported document, and the date and place on the disposal document may be examined and determined as to whether the contract date, etc. are true according to the parties’ assertion notwithstanding the date and place indicated in the disposal document (see, e.g., Supreme Court Decision 2010Da69766, Dec. 23, 2010).