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(영문) 인천지방법원 2019.08.22 2018나69359

양수금

Text

1. Defendant C, Defendant D, and Defendant E., equivalent to the money that orders the payment under the following among the judgments of the first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in wholesale and retail business, etc., and I is a painting business operated by J and H, its husband, together.

B. On August 19, 2016, the Plaintiff, from J, issued to the Defendants a notice of assignment of credit that each of the above credit amounts would be paid to the Plaintiff, since the Plaintiff received KRW 15 million from J to Defendant C (representative of K), KRW 10 million against Defendant D (hereinafter “Defendant D”)’s credit amount, KRW 15 million against Defendant E Co., Ltd. (hereinafter “Defendant E”), KRW 6 million against Defendant F Co., Ltd. (hereinafter “Defendant F”), and KRW 15 million against Defendant G (hereinafter “Defendant G”)’s credit amount.

C. On August 12, 2016, the Plaintiff sent each of the above notice of assignment of claims along with a copy of the certificate of personal seal impression issued by the J, which includes the following contents:

The assignee of the assignment of claims and the assignee of the transfer contract: J transferee: The foregoing transferor shall transfer all the rights of the receipt and notice as follows to the assignee on August 19, 2016.

- The following-(the entry of the third debtor to be assigned) and the entry of the name of the business operator whose business operator is the debtor number;

1. The transfer amount of K (representative: C) The amount of transfer of a building M on the off-Jacheon-gu L: the daily amount of million won; and

2. Determination of KRW 0 million as transfer amount in the case of Dbucheon-si; and

3. Transfer amount of O buildings and subparagraph 1 in Bupyeong-si Co., Ltd.: KRW 0 million in daily.

4. The purchase price of Q Q in Seoul Metropolitan Government: The price of Geumcheon-gu Seoul Metropolitan Government;

5. The transfer amount of the R in the case of the Gyeonggi-si in the bankruptcy resolution plan: The above transferor, August 19, 2016: J transferee: The LA in the case of the bankruptcy resolution plan.

D. On December 22, 2016, J has a notary public prepare a notarial deed for a loan for consumption of money with a loan amounting to KRW 100 million, even though the Plaintiff was only a claim for the purchase of goods amounting to KRW 15 million against J, and exercised the said notarial deed.