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(영문) 서울중앙지방법원 2018.06.22 2017가단5071068

물품대금

Text

1. Defendant B’s 54,201,800 won and the interest rate of 15% per annum from June 17, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s goods transaction (1) The Plaintiff is a merchant who runs the sales business of the raw materials in the name of “C”, and Defendant B is a seller who produces and sells clothing products in the name of “D”.

(2) From July 1, 2014 to October 31, 2016, the Plaintiff supplied the police force to Defendant B.

As of the end of October 2016, Defendant B did not pay to the Plaintiff as of the end of 54,201,800 won.

B. On November 23, 2016, Defendant B entered into a contract with Defendant B on the assignment of claims (hereinafter “instant claim assignment contract”) indicated in the separate sheet (hereinafter “instant claim assignment contract”) with Defendant B (E police station, etc.”) on the part of Defendant B (hereinafter “instant claim assignment contract”).

(2) On December 5, 2016, Defendant B notified the assignment of claims by means of a certified copy of fixed date in the Republic of Korea, and the next notification of the said assignment of claims reached the Republic of Korea.

(3) After Defendant B’s creditors’ petition was received, and the above notice of assignment of claims first arrived on the date, the creditors’ provisional attachment order on the instant claim and the provisional injunction order on the disposal of the claim of this case by Defendant Lenda trade were reached. On January 19, 2017, Korea deposited the instant claim amount of KRW 72,708,940 as Seoul Central District Court No. 2017, Jan. 19, 2017 and the additional supply price of KRW 3,464,670 as additional supply price to Defendant B and KRW 76,173,610 as additional supply price to Defendant B.

C. At the time of the assignment of the claim in this case, Defendant B did not have any property other than the claims listed in the separate sheet.

On the other hand, at that time, Defendant B’s liability for KRW 13,198,00 for HK Mutual Savings Bank, for 67,064,115 for wing Twit, for 56,332,895 for AFC, and F.