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(영문) 수원지방법원안산지원 2015.11.20 2015가단23642

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From January 2015 to May 2015, the Plaintiff supplied human resources to Emniweb Co., Ltd. (hereinafter “Emweb”) from January 2015 and had a claim for service payment.

B. 1) On April 25, 2015 and around April 30, 2015, the Plaintiff entered into a contract to transfer and acquire bonds of KRW 31,626,276 among credit sales bonds of KRW 32,491,51,518 against the Defendant Emniweb, in lieu of repayment of the service payment claim as described in the Emniweb and the preceding paragraphs (hereinafter “instant contract to transfer claims”).

(2) Around June 3, 2015, Titweves, according to the instant assignment contract, notified the Defendant of the credit sales claim amounting to KRW 64,117,794, out of the credit sales claim amount on April 3, 2015, to the Defendant Eitweves by content-certified mail, and the Defendant received the above notice around that time.

C. In addition, on June 3, 2015, Liweb notified the Defendant of the claim KRW 10,000,000, out of the credit sales amount of KRW 27,267,749, among the credit sales amount of April 2015 by content-certified mail, to the Defendant, respectively, that the claim amounting to KRW 27,267,749, and KRW 5,530,610, was transferred to A(B). The Defendant received each of the above notice around that time.

1) Meanwhile, on May 21, 2015, Liber filed a petition for bankruptcy with the Seoul Central District Court 2015Hahap68 on May 21, 2015. On June 17, 2015, the above bankruptcy court appointed C as the bankruptcy trustee of Emniwab, who declared bankruptcy against EmniwaB. 2) The bankruptcy trustee of Emniwab, appointed C as the bankruptcy trustee of Emniwab, and around June 29, 2015, the bankruptcy trustee of Emnib, around June 29, 2015, notified the Defendant of the credit sales claim against the Defendant of Emniwab (from March 31, 2015 to April 25, 2015) to the effect that the credit sales claim of Emnib was paid in the way of deposit with Emniwab’s account. Around September 1, 2015, the bankruptcy estate against the Defendant was made.