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(영문) 대전지방법원 2015.05.28 2014가합106230
부인의 소
Text

1. On December 30, 2013, the claims indicated in the separate sheet between the debtor A Co., Ltd. and the defendant were concluded.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a corporation that is engaged in the manufacture and sale of motor vehicles and precise parts for industrial machinery, and the Defendant is a corporation that engages in the steel remanufacture sales business, etc., and A has purchased a refund paper, which is a raw material, from the Defendant, and manufactured the product.

B. A entered into an assignment agreement between A and the Defendant with respect to the assignment of claims between A and the Defendant, and entered into the following assignment of claims between A and A, stating that A transfers the claim for the purchase price of goods to A’s life and industry corporation (hereinafter “name and industry”).

(hereinafter “instant contract”). There is a dispute between the Plaintiff and the Defendant regarding the time of the conclusion of the said contract, and Article 3-A of the said contract.

I examine the issue in subsection (1).

The assignee of the claim: The assignee of the claim: A(the obligor of the claim to be transferred).

1. The transferor shall hold to the garnishee the following claims:

The price of goods to be paid by the third obligor to the transferor according to the agreement between the transferor and the third obligor for the price of goods.

2. The transferor confirms that there is no ground to set up against the garnishee and the assignee with respect to the claim mentioned in the above paragraph 1 (except for the fact that the obligation has not been due).

3. The transferor shall transfer the above paragraph 1 to the transferee, and the transferee shall take over the claim.

Provided, That when the transfer takes effect, the following obligations to the transferor's transferee shall be exempted to the extent of the amount of the transferred claim:

- Amount of KRW 667,317,000 (price for goods arising from a transaction of goods between a transferor and a transferee):

4. If the assignee fails to comply with the time limit for discharge of obligation that the assignee has consulted with the assignee due to the reasons of the transferor after the conclusion of this contract, the assignee may order the assignee to notify the assignment of obligation, and the transferor shall immediately notify the garnishee of the assignment with a document with a fixed date, such as a content-certified mail, etc.

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