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(영문) 수원지방법원 성남지원 2018.01.16 2016가단200919

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s lawsuit against the defendant B shall be dismissed.

2. On January 15, 2016, the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of processing, manufacturing, and wholesale and retail of livestock products, and Defendant B is a corporation with the purpose of wholesale of livestock products, and Defendant C is a corporation with the purpose of wholesale and retail of livestock products.

B. Around June 1, 2015, Defendant B entered into an agreement on the assignment of claims with Defendant C with the following content, and notified the Plaintiff of the assignment of claims on or before January 12, 2016, which came to the Plaintiff on or around January 15, 2016.

A contract for the acquisition of bonds between B (hereinafter “B”) and C (hereinafter “C”) for the acquisition of bonds between B and C (hereinafter “C”) shall be concluded as follows in order to secure the claims against B:

1. For the security of all bonds (value of goods, loans, damages, interest, damages for delay, etc.) that have been, or will be, accrued as of the date this contract is concluded with C as of the date this contract is concluded with respect to B;

2. Details of a contract for acquisition of bonds;

가. 위 1.항 채권을 �보하기 위하여 B는 C에게 아래 표와 같은 B가 제3채무자에 대하여 본 계약 체결일 현재 가지고 있거나 장래 가지게 될 모든 채권(물품대금, 임대차보증금, 대여금, 손해배상금, 이자, 지연손해금 등)을 양도한다.

The third debtor's trade name (representative) address B company A(D) E and the first floor of Yongsan-gu Seoul Metropolitan Government.

B. The above A.

Notice of assignment of claims to paragraph (1) shall be given when B fails to perform its obligations to Section (A), and in such cases, C shall directly be given to the third party obligor by the principal.

A notification of the assignment of claims to a port may be given, and B shall be deemed to have granted C any authority necessary for C to notify the assignment of claims to a port.

C. Around December 9, 2015, the Plaintiff and Defendant B settled their claims and obligations. As of the time of the settlement, the Plaintiff is the Plaintiff’s obligation of KRW 75,00,000,000, and KRW 10,015,444, totaling KRW 85,015,444, and KRW 85,015,444.