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(영문) 서울중앙지방법원 2015.05.28 2013가단183425

대여금 등

Text

1. The Defendants jointly share KRW 442,608,941 and KRW 227,894,686 among them to the Plaintiff. From June 29, 2013 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On June 2006, the Plaintiff and the Defendant UWD Co., Ltd. (hereinafter “Defendant UWD”) entered into an enterprise electronic settlement agreement (hereinafter “electronic settlement agreement of this case”) that contains the following contents.

Article 1. (1) The term "sales enterprise" in this Arrangement refers to an enterprise that entered into a contract with the Plaintiff to transfer credit sales claims (hereinafter referred to as "sales claims") currently or future to the Plaintiff as collateral in order to obtain a loan related to this Agreement from the Plaintiff among the trading enterprises that supply goods or services to Defendant UW.

Article 3 (1) Method of requesting settlement (1) In the event that a selling company supplies goods and services to Defendant UAW and becomes final and conclusive, Defendant UAW shall request the Plaintiff to pay the purchase price by notifying the Plaintiff of the details of the confirmed credit through electronic means, such as the Internet, etc. (hereinafter omitted). (1) In the event that Defendant UAW requested the Plaintiff to pay the purchase price, the Minister of Land, Infrastructure and Transport grants a loan to the Plaintiff (hereinafter omitted), to the extent of KRW 300 million in the order of the application, where the individual selling company applied for the credit sales credit electronic loan by electronic means, such as the Internet, prior to the designated settlement date, the loan shall be extended in accordance with this letter, the agreement on

Article 7 (1) A seller shall transfer the sales bond to the Plaintiff as security at the time of applying for a loan pursuant to Article 6, and the Plaintiff shall notify the Defendant U&S of the fact of the transfer of the claim via Internet and content-certified mail.

Article 8 (Right of Demanding Reimbursement against the Defendant of the selling enterprise, the Plaintiff, in relation to the sales claim against the Defendant of the selling enterprise that was taken over by the selling enterprise.