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(영문) 수원지방법원안산지원 2014.02.06 2013가합20646
공탁금출급청구권 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The relevant Plaintiff is a company that manufactures and sells electronic parts, etc. (hereinafter “Plaintiff company”). The Hansungcom Co., Ltd. (hereinafter “Before rehabilitation”) is a company that has concluded rehabilitation procedures on October 22, 2013, upon receiving a decision on November 2, 2012 from the Seoul Central District Court 201 Gohap203 as the Plaintiff’s debtor.

On August 26, 2013, in the process of the rehabilitation procedure, a company prior to the rehabilitation changed its trade name to “ELcomex Co., Ltd.” (hereinafter “Defendant Co., Ltd”).

B. On January 2, 2008, the Plaintiff Company entered into a contract with the company prior to the rehabilitation, and the Plaintiff Company entered into an agreement with the company prior to the rehabilitation to manufacture and supply electronic parts, etc. under the said contract. From November 201 to June 2012, 201, the Plaintiff Company supplied electronic parts, etc. equivalent to KRW 801,239,054 to the company prior to the rehabilitation. (2) Meanwhile, on October 24, 2011, the Plaintiff Company entered into an agreement with the company prior to the rehabilitation, under which the former company was supplied with electronic parts, etc. from the Plaintiff to the company prior to the rehabilitation, on the following terms: (a) between the former company prior to the rehabilitation and the company prior to the rehabilitation to guarantee the obligation for the purchase of goods that may arise in the future; and (b) between the former company being supplied with electronic parts, etc

- Transfer of Claim - Transfer of Claim - Transfer of Claim - Transfer of Claim - Transfer of Claim - Transfer of Claim to El Electronic Co., Ltd. (hereinafter “B”) : (a) Hansung Emmmtex (A) transferee: (b) The garnishee: (a) the Plaintiff and the Third Obligor Co., Ltd. (Article 1); (c) the purpose of this Agreement is to agree to transfer Claim - which “A” holds against “B” (hereinafter “B”) in order to secure the repayment of any obligation to be repaid to “B” (hereinafter “original obligation”), as follows: (d) the purpose of this Agreement is to determine the matters necessary therefor.

C. The transaction of goods between "A" and "B".

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