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(영문) 서울중앙지방법원 2018.01.11 2017나26286

공탁금수령권 확인

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The plaintiff and the defendant are creditors with monetary claims against the joint defendant corporation of the first instance trial (hereinafter referred to as "dextrins")

(The Plaintiff’s claim amount is KRW 1,16,680,145 as of August 31, 2016, and the Defendant’s claim amount is KRW 520,81,214 as of April 31, 2016.

On August 4, 2016, with respect to the claim for the transaction price of KRW 56,961,551 (hereinafter “the claim in this case”) against the Young-gu Korea Co., Ltd. (hereinafter “Sri-gu Korea”), the contract for the assignment of claims in this case was prepared with the following contents (hereinafter “the contract for the assignment of claims in this case”). The contract for the assignment of claims in this case was accompanied by the certificate of the corporate seal impression of the trinsian, and the notification of the assignment of claims made by the Plaintiff on the same date (hereinafter “the notification of the transfer in this case”). On August 5, 2016, the above notification was delivered to the Young-gu Korea.

채권양도계약서 채무자(양도인) ㈜덱스토리와 채권자(양수인) ㈜A는 채무자가 채권자에 대해 부담하고 있는 채무 금 육억오천일백칠만구천팔원정(\651,079,008원)의 변제(또는 변제를 담보하기 위하여)를 위하여 채무자가 제3채무자 주식회사 사삼구구코리아{사업자번호: 113-86-58836, 주소: 서울 금천구 서부샛길 606, 비동 1901호 (가산동, 대성디폴리스지식산업센터)}에게 가지고 있는 채권 금 오천육백구십육만일천오백오십일원정(\56,961,551원)(이하 ‘양도채권’이라 한다)을 아래 조건으로 채권자에게 양도한다.

- the following-

1. This contract is an overlapping assignment of claims that is concluded to secure performance.

If a third-party debtor fails to fully perform his/her obligation to the creditor (assignor), the debtor himself/herself shall be jointly and severally liable for this obligation.

4. Notice of transfer of bonds; and

A. The instant contract is concluded when the instant contract for the transfer and takeover of claims is concluded.