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(영문) 부산지방법원서부지원 2019.10.17 2018가합103117

공탁금출급청구권확인

Text

1. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) and the Defendants, M Co., Ltd. on February 2, 2018.

Reasons

1. Basic facts

A. On May 12, 2017, N Co., Ltd. (hereinafter “N”, and in the case of the other parties, the “stock company” is omitted) agreed to manufacture and supply to M in 18,00,000 won the “PLCA Assent Lymbly Line” and “Stato Lymar Embly” as of October 27, 2017. < Amended by Act No. 1,375,00, Oct. 27, 2017>

B. N did not check the pressure of funds around November 22, 2017 and did not honor the financial pressure.

As a result, the agreement was reached to change the price for the production contract as of December 7, 2017 to KRW 156,460,000, and the price for the production contract as of May 12, 2017 as of October 27, 2017 to KRW 741,350,000, respectively.

C. From around 2008, Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) sold industrial automation parts to N. around August 2017. 22,550,00 won for goods, such as “OCPU” supplied on or around September 2017, and KRW 43,638,100 for goods, such as “PCPU” supplied on or around September 2017, and KRW 17,754,00 for goods, such as “PCPU” supplied on or around October 2017, the Plaintiff did not receive KRW 83,942,100.

N on November 22, 2017, the Plaintiff: (a) transferred KRW 30,642,000, out of the “claim for Price under each of the above production contracts (hereinafter “instant production price claim”) to N M, including current or future goods price, in lieu of performing the same amount among the above product price liability; and (b) on November 30, 2017, KRW 53,300,000, out of the above claim, was additionally transferred in lieu of performing the same amount among the above product price liability.

N on December 1, 2017, notified M of each of the above assignment of claims (hereinafter “instant assignment of claims”) by content-certified mail with a fixed date, and on December 4, 2017, the notification reached M.

On December 2, 2017, Plaintiff 83,942,00 on the date of receipt of the original notification of the transfer amount or claim amount by the creditor classified by sequence 83,942,00.