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(영문) 인천지방법원 부천지원 2018.02.07 2017가단106567
채무인수금
Text

1. The Defendant’s KRW 35,000,000 and its weight shall be the Plaintiff:

(a) As regards KRW 10,000,000, January 1, 2017:

(b) 10,000.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the manufacture of synthetic resin. The Defendant is a company that aims at the manufacture and sale of communications equipment, such as liquid sheet, etc., and is a company that manufactures mobile phone cases after receiving private application fees from the Plaintiff and then delivers them to the Defendant.

B. On September 8, 2016, the Plaintiff: (a) received a provisional attachment order from the Incheon District Court Branch Decision 2016Kadan10922 on September 8, 2016 on the claim for mobile phone case supply price against the Defendant of the Nonparty Company with the amount of KRW 55,00,000 as the preserved claim; and (b) served the Defendant on October 27, 2016.

C. On October 19, 2016, the Plaintiff was issued a provisional seizure and collection order to the non-party company based on the executory order of the Incheon District Court Branch Branch Decision 2016j. 6039 Decided October 19, 2016, with respect to the claim 55,00,000 won of the above provisional seizure claim against the non-party company. The Plaintiff was issued a seizure and collection order to transfer the provisional seizure to the main seizure under the Incheon District Court Branch Branch Decision 2016TT 34145, and the above seizure and collection order was served on the Defendant on October 21, 2016.

The third obligor of the written agreement shall preferentially pay 5,000,000 won to the creditor of the non-party company for the amount of KRW 55,00,000 on November 1, 2016, and shall pay the remainder of KRW 10,000 on November 30, 2016, KRW 10,000 on December 31, 2016, KRW 10,000 on December 31, 2016, KRW 10,000 on January 31, 2017, KRW 10,000 on February 28, 2017, and KRW 5,000 on March 31, 2017, KRW 00 on repayment.

On November 1, 2016, when the Plaintiff confirmed the deposit of KRW 10,00,00, which is a part of the outstanding amount of the non-party company, from the Defendant, the Plaintiff shall submit to the Plaintiff by November 2, 2016 the certificate of application for withdrawal of the seizure and collection order of claims 2016, 34145.

On November 1, 2016, the Plaintiff, the Defendant, and the Nonparty Company agreed to the following (hereinafter the instant agreement).

E. According to the instant agreement, the Defendant on November 1, 2016, and the Plaintiff on November 1, 2000.

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