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(영문) 서울중앙지방법원 2016.12.02 2015가단206452
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 31, 2014, UNBC Co., Ltd. (hereinafter “BCB”) entered into a service agreement with the Public Procurement Service on educational and financial information system material maintenance and management business (hereinafter “instant business”) in 2014, and accordingly, performed the service of the Korea Education Information Service, as indicated in the column of the third debtor as indicated below.

However, during the process of the instant project, UNCB delayed the payment of wages, etc. to executives and employees, etc. due to liquidity crisis, and it was in line with the situation where it is difficult to conduct the instant project normally due to the occurrence of disputes, such as various provisional seizure, etc.

Accordingly, in order to conduct the project in a normal manner, the U.S.C., after consultation with the defendant to conduct a significant portion of the project in this case, the following:

(b) and (c);

Each contract, such as subsection, was entered into.

B. On May 16, 2014, U.S.C. concluded a contract on the assignment of claims with the Defendant (hereinafter “instant contract on the assignment of claims”) with the following content.

Transferable Claim: A claim secured by U.S.C.C. and a claim secured by U.S.C. in each of the third debtors of U.S. as set forth in the following table (a claim arising and a claim to be incurred in the future): A U.S.C. has transferred the claim to the Defendant.

Even if the defendant is unable to receive the transferred claims indicated as stated in Article 6 from each third party obligor, it is Daegu Metropolitan City of the Office of Education of Busan Metropolitan City of 497,50,506,070, Busan Metropolitan City of 261,711,460, 460 won, for the service charges related to the Korea Education Research Information Institute of 604,855,600,60 won for the payment of the transferred claims and the third party obligor's credit amount to the assignee(Article 6).

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